Johnston v. Dickson
Indiana Supreme Court
APPEAL from the Knox Circuit Court. — The note in this case was given by Beamon to Smirl, who assigned it to the appellees, the plaintiffs below. The appellants were the administrators of Smirl, the defendant below.
1Opinion of the CourtScott, J.
Assumpsit by the assignees of a promissory note against the assignor. Plea, that the note was originally given for an illegal consideration. General demurrer, and judgment, for the plaintiffs.
It is insisted by the appellants that the note, having been originally given for an illegal consideration, is wholly void, and therefore nothing could pass by an assignment. It was decided by this Court, in the case of Hanna v. Pegg, May term, 1822, that, by virtue of our statute, the plaintiff may declare on an assignment, as on a bond, note, or bill of exchange (1). The assignment itself is a contract,…
Also in this document: Per curiam.
2Cases cited2 opinions
- Slacum v. PomerySupreme Court of the United States · 1810
- Codwise v. GleasonU.S. Circuit Court for the District of Connecticut · 1808
3Cited by6 opinions
- Conwell v. PumphreyIndiana Supreme Court · 1857
- Felton v. SmithIndiana Supreme Court · 1882
- Grimes v. PiersolIndiana Supreme Court · 1865
- Lee v. PileIndiana Supreme Court · 1871
- Irwin v. MarquettIndiana Court of Appeals · 1901
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