Taylor v. Walpole
Indiana Supreme Court
APPEAL from the Marion Circuit Court. — This was an action of debt by Taylor against Walpole on a promissory note made by the defendant to Cushing and Jewett, and by them assigned to the plaintiff.
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APPEAL from the Marion Circuit Court. — This was an action of debt by Taylor against Walpole on a promissory note made by the defendant to Cushing and Jewett, and by them assigned to the plaintiff. The declaration commences, “State of Indiana, Marion county, ss, James Taylor complains oí Luke Walpole of a plea, &c.;” and, after setting out the note and assignment, it states, “By means whereof an action hath accrued to the said James, &?c.n General demurrer to the declaration, and judgment for the defendant. It was contended, on the part of the appellee, 1st, that assumpsit was the proper form…
1Opinion of the CourtBlackford, J.
Debt lies in this case. Thom v. Savage, July term, 1820. — Raborg v. Peyton, 2 Wheat. 385. This last ease was debt by an indorsee of a bill of exchange against the accept- or, and the action was sustained. There need be no reference to the statute. Wilcox v. Webb, May term, 1823 (1). The plaintiff need not name himself assignee, as the statute gives him the action in his own name. Stat. 1823, p. 329.
2Per curiam
The judgment is reversed with costs. Cause remanded, with directions to permit the demurrer to be withdrawn, &c.
Ante, p. 258.
3Cases cited1 opinion
- Raborg v. PeytonSupreme Court of the United States · 1817
4Cited by1 opinion
- People v. WrightNew York Supreme Court · 1850