Embree v. Emerson
Indiana Court of Appeals
Erom Gibson Circuit Court; O. M. Welborn, Judge. Suit by Garrard M. Emerson as administrator of tbe estate of Alvin H. Embree, deceased, against Albert B. Embree. Erom a decree for plaintiff, defendant appeals.
1Opinion of the CourtComutock, C. J.
Appellee brought tbis suit against appellant upon a promissory note and a mortgage given to secure tbe payment of tbe same, both alleged to bave been lost.
Tbe complaint is in one paragraph, and in substance is as follows: On tbe 4th day of June, 1890, Albert B. Embree executed and delivered to Alvin H. Embree his promissory note for tbe sum of $2,000, payable ten years after date, with interest at six per cent from date, dated August 1, 1890. Plaintiff is unable to set out a copy *18of said note, or give a fuller description, for the reason that the same has been lost. The plaintiff has made…
2Cases cited21 opinions
- Carver v. CarverIndiana Supreme Court · 1884
- Burkhart v. GladishIndiana Supreme Court · 1890
- Standley v. Northwestern Mutual Life InsuranceIndiana Supreme Court · 1884
- Haymond v. SaucerIndiana Supreme Court · 1882
- Colchen v. NindeIndiana Supreme Court · 1889
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