Berry v. Bates
Indiana Supreme Court
ERROR to the Madison Circuit Court.—Bates sued Berry before a justice of the peace on a promissory note, and obtained judgment. Berry appealed to the Circuit Court, and judgment was there rendered in favour of Bates.
1Opinion of the CourtScott, J.
The defence set up on the trial below was, that on the third of May, 1827, after the note on which suit was brought had become due, Berry paid Bates a certain other debt of 30 dollars and upwards, and 2 dollars and 66 cents in part discharge, of the note on which suit was brought; and Bates then agreed, that he would not urge the payment of the balance of the note until Christmas following; and pledged his word and honour to that effect. The Circuit Court very correctly decided that Bates was not legally hound by that promise.
Wick, for the plaintiff. Fletcher and Brown, for the defendant.
Even…
Also in this document: Per curiam.
2Cited by12 opinions
- Straub v. B.M.T. Ex Rel. ToddIndiana Supreme Court · 1994
- Hopkins v. JonesIndiana Supreme Court · 1864
- Mendenhall v. LenwellIndiana Supreme Court · 1839
- Williams v. ScottIndiana Supreme Court · 1882
- Cody v. QuartermanSupreme Court of Georgia · 1853
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