Irons v. Woodfill
Indiana Supreme Court
APPEAL from the Hendricks Circuit Court. This was an action, commenced February 20th, 1868, by the appellees, as assignees, against the appellants, on a promissory note, executed by the latter to one Samuel Little, on the 4th day of January, 1865, for seven hundred dollars, due one day after date.
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APPEAL from the Hendricks Circuit Court. This was an action, commenced February 20th, 1868, by the appellees, as assignees, against the appellants, on a promissory note, executed by the latter to one Samuel Little, on the 4th day of January, 1865, for seven hundred dollars, due one day after date. The note is indorsed as follows: “Home, December 9th, 1865, interest paid on the within note up to Nov. 9th, 1867, and the same not to be collected within that time, unless agreed upon by both parties. I assign the within note, without recourse. Samuel Little.” The appellants filed an answer,…
1Opinion of the CourtElliott, J.
It is difficult to determine from the answer the precise nature and terms of the agreement set up to defeat the action.
The averments are indefinite, uncertain, and apparently contradictory. It is alleged that the agreement was made at the time of the assignment, and that it was then agreed that the plaintiffs should forbear to collect the note for two years from that date.
If the assignment is presumed to have been made at the date of the indorsement on the note by Little—December 9th, 1865—then the two years had expired long before the commencement of the suit; besides, it appears by the…
2Cases cited4 opinions
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- Harbert v. DumontIndiana Supreme Court · 1852
- Berry v. BatesIndiana Supreme Court · 1828
- Reed v. ShawIndiana Supreme Court · 1823
3Cited by10 opinions
- Vogel v. HarrisIndiana Supreme Court · 1887
- Williams v. ScottIndiana Supreme Court · 1882
- Nelson v. WhiteIndiana Supreme Court · 1878
- Durbin v. Northwestern Scraper Co.Indiana Court of Appeals · 1905
- Mills v. ToddIndiana Supreme Court · 1882
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