Legal Opinion

Swiggett v. Seymour

U.S. Circuit Court for the District of Indiana

Decided May 15, 1868Published

[This was an action on a promissory note by Seth W. Swiggett against Elisha Seymour. Heard on demurrer.]

1Opinion of the Court

MCDONALD, District Judge.

The declaration in this case contains four counts. The first, second, and third of these is on the indorsement of a note of one thousand dollars; the fourth is a common count. All the special counts charge that the note was executed in New York and indorsed in Indiana. The defendant is sued as in-dorser. The note was made by Uriah Gregory and Marion Gregory. The first and second counts allege that the makers, when the note fell due were notoriously insolvent; and, in addition to this, the third count charges that the indorsee, when the note fell due, made diligent…

2Cases cited22 opinions

  1. Howell v. WilsonIndiana Supreme Court · 1831
  2. Taylor v. SnyderNew York Supreme Court · 1846
  3. Mason v. BurtonIllinois Supreme Court · 1870
  4. Hanna v. PeggIndiana Supreme Court · 1822
  5. Ryan v. MayIllinois Supreme Court · 1852

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