Brown v. Robbins
Indiana Supreme Court
ERROR to the Parke Circuit Court. Assumpsit by the assignee against the assignor of a promissory note. The suit was commenced before a justice of the peace, and appealed to the Circuit Court. On the trial in the latter Court, the general issue having been put in, the defendant demurred to the plaintiff's evidence and obtained judgment on the demurrer.
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ERROR to the Parke Circuit Court. Assumpsit by the assignee against the assignor of a promissory note. The suit was commenced before a justice of the peace, and appealed to the Circuit Court. On the trial in the latter Court, the general issue having been put in, the defendant demurred to the plaintiff's evidence and obtained judgment on the demurrer. The note was due on the 8th of February, 1841, and was endorsed to the plaintiff on the 27th of May, 1842. On the 27th of October, 1842, the plaintiff sued the maker before a justice of the peace, and obtained judgment on the 8th of November…
1Opinion of the Court
Held, That upon this evidence, the judgment, on the demurrer, should have been for the plaintiff. That a jury might have inferred that the plaintiff’s delay in sueing the maker, was authorised by the defendant, and this being the case, no laches could be imputed to the plaintiff on account of the time which had elapsed before his suit against the maker was commenced. Nance v. Dunlavy, 7 Blackf. 172.
2Cases cited1 opinion
- Nance v. DunlavyIndiana Supreme Court · 1844
3Cited by3 opinions
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