Garrett v. Heaston
Indiana Supreme Court
APPEAL from the Randolph Circuit Court.
1Opinion of the CourtSullivan, J.
Debt on a- promissory note. The defendant pleaded, 1. That 59 dollars, part of the consideration of said note, had failed in this, to wit, that said note was given for and in consideration of the hire of a stallion for the season; that during the time for which he was hired, the stallion became sick, &c., and for one month of said time was wholly unable to perform the service for which he was let, and was of no use whatever, although the hirer took all reasonable care, &c.; 2. Nil debet; 3. Failure of consideration in general terms, without showing how the consideration had failed; 4. The…
2Cited by2 opinions
- Postel v. OardIndiana Court of Appeals · 1891
- Applegate v. CrawfordIndiana Supreme Court · 1851