Bates v. Hunt
Indiana Supreme Court
ERROR to the Franklin Circuit Court. — This was an action of debt on a promissory note, made by Bates and John, the defendants below. The note, was payable to JY. and A. Hunt, who assigned it to R. W. Hunt, the plaintiff below. The defendants, by special plea, denied the assignment of the note. Special demurrer to the plea, and joinder in demurrer. The Circuit Court sustained the demurrer, and rendered final judgment in favour of the plaintiff.
1Opinion of the CourtScott, J.
It is a good general rule, which admits of but few exceptions, that a defendant cannot plead specially, any matter of which he can avail himself in evidence under the general issue (1). The general issue in an action of debt on simple contract is nil debet. It has long been the established doctrine, that? in an action of assumpsit by the indorsee of a promissory note against the maker, it is incumbent on the plaintiff to prove, at the trial, on the general issue, both the execution of the note and the assignment (2). The same doctrine will apply to an action of debt on simple contract. The…
2Cases cited2 opinions
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3Cited by8 opinions
- Wilson v. BlackIndiana Supreme Court · 1843
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- Taylor v. GayIndiana Supreme Court · 1842
- Hill v. JonesIndiana Supreme Court · 1860
- Hankins v. ShoupIndiana Supreme Court · 1850
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