Stevens v. Anderson
Indiana Supreme Court
APPEAL from the Lawrence Common Pleas. Suit by Anderson as administrator of Abraham II. Sears, against Stevens, the appellant. The complaint was originally in five paragraphs, but demurrers were sustained to the first, second, and third para-, graphs, and no question is presented on them in this court.
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APPEAL from the Lawrence Common Pleas. Suit by Anderson as administrator of Abraham II. Sears, against Stevens, the appellant. The complaint was originally in five paragraphs, but demurrers were sustained to the first, second, and third para-, graphs, and no question is presented on them in this court. The fourth paragraph alleges that on the 4th day of January, 1862, the defendant Stevens was indebted to Sears in the sum of five hundred dollars, for certain real estate sold and conveyed to him by the latter; that said indebtedness was evidenced by a promissory note, as follows: “$500. On or…
1Opinion of the CourtElliott, J.
The material question in the case is, does the evidence sustain the finding of the court? The fourth paragraph of the complaint is founded on the note for five hundred dollars, given by the appellant to Sears. It admits the receipt by Sears of the two notes on Street, but alleges that they were only received as collateral security for the appellant’s note. But it is insisted by the appellant that they were received by Sears in satisfaction, and a3 an abso*394Inte payment of the note for five hundred dollars named in the complaint. The fact that Sears took from the appellant the notes on Street,…
2Cases cited1 opinion
- Tyner v. StoopsIndiana Supreme Court · 1858
3Cited by9 opinions
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