Coe v. Smith
Indiana Supreme Court
ERROR to the Marion Circuit Court. Debt by Smith, administrator of Sweetzer, upon a sealed note made by Coe in favor of Sweetzer, for the payment of 500 dollars, one third in one, one third in two, and one third in three years from date.
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ERROR to the Marion Circuit Court. Debt by Smith, administrator of Sweetzer, upon a sealed note made by Coe in favor of Sweetzer, for the payment of 500 dollars, one third in one, one third in two, and one third in three years from date. The defendant pleaded that said note was given in consideration of an agreement by Sweetzer, as an attorney at law, to act as counsel for, and defend the said Coe, against all actions brought or to be brought against him in the Marion Circuit Court, by the state, for the supposed liability of the said Coe to the state, as late fund commissioner ; that the…
1Opinion of the CourtPerkins, J.
— “ It is not claimed that the payee of the note, W. % Swcetzcr, fulfilled the terms of the contract on which the note was ■ ,4 given having been prevented, not by the defendant below, but by ■ his own decease, which “occurred in April, 1843, several months be-9.'Tore the first instalment became due; and the only question in the m case, therefore, is, were the terms of the contract to be complied with u on, the part of Sirccize r. a condition precedent to his right to enforce a compliance on the part of Coe, the defendant below? For if so, there could not be a recovery of any amount on this…
2Cases cited1 opinion
- Milnes v. VanhornIndiana Supreme Court · 1846