Clark v. Trueblood
Indiana Court of Appeals
From the Madison Circuit Court.
1Opinion of the Court
Gavin, J.-
Appellee recovered judgment against appellants upon a lost note. The complaint averred the execution of the note, describing it, and alleged that it had been assigned to appellee, by the payee, by endorsement, but was lost and could not be found. What was said to be a substantial copy of the note was filed with the complaint as an exhibit.
It was not necessary to the sufficiency of the complaint that the loss of the note should be shown by affidavit. Blasingame v. Blasingame, 24 Ind. 86.
Neither does the law.require that the complaint should aver a search for the note. The necessity…
2Cases cited9 opinions
- Steinke v. BentleyIndiana Court of Appeals · 1893
- Blasingame v. BlasingameIndiana Supreme Court · 1865
- Huston v. First National BankIndiana Supreme Court · 1882
- State ex rel. Cunningham v. HelmsIndiana Supreme Court · 1893
- Douthit v. MohrIndiana Supreme Court · 1888
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3Cited by6 opinions
- Indiana Natural Gas & Oil Co. v. HintonIndiana Supreme Court · 1902
- Matchett v. Anderson Foundry & Machine WorksIndiana Court of Appeals · 1902
- Huston v. FatkaIndiana Court of Appeals · 1903
- Spencer v. McCuneIndiana Court of Appeals · 1920
- Smith v. ZabelIndiana Court of Appeals · 1927
1 more not listed; retrieve them via the Exa API.