Legal Opinion

Woollen v. Whitacre

Indiana Supreme Court

Decided July 1, 1881Published

cited Gleno v. Porter, 49 Ind. 500; Kimbles. Christie, 55 Ind. 140, as to excuse for want of diligence; Seeright v. Fletcher, 6 Blackf. 380; May v. Johnson, 3 Ind. 449; Cronk v. Cale, 10 Ind. 485; Rogers v. Place, 29 Ind. 557; Strough v. Gear, 48 Ind. 100 ; Nebeker v. Cutsinger, 48 Ind. 436; Steele v. Moore, 54 Ind. 52; Kimble v. Christie, 55 Ind. 140; Douglas v. Matting, 29 la. 498; Chapman v. Rose, 56 N. Y. 137; Abbott v. Rose, 65 Me. 194; Shirts v. Overjohn, Cent.

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cited Gleno v. Porter, 49 Ind. 500; Kimbles. Christie, 55 Ind. 140, as to excuse for want of diligence; Seeright v. Fletcher, 6 Blackf. 380; May v. Johnson, 3 Ind. 449; Cronk v. Cale, 10 Ind. 485; Rogers v. Place, 29 Ind. 557; Strough v. Gear, 48 Ind. 100 ; Nebeker v. Cutsinger, 48 Ind. 436; Steele v. Moore, 54 Ind. 52; Kimble v. Christie, 55 Ind. 140; Douglas v. Matting, 29 la. 498; Chapman v. Rose, 56 N. Y. 137; Abbott v. Rose, 65 Me. 194; Shirts v. Overjohn, Cent. L. J. 1875; Cornell v. Nebeker, 58 -Ind. 425, and cases cited, as to a note signed without reading, which has passed into the…

1Opinion of the Court

Opinion of the court by

Mr. Justice Worden.

This was an action by the appellant as the bona fide holder for value, by indorsement before maturity, against the appellee as the maker, of a promissory note for the sum of $400, dated February' 9, 1872, and payable, six months from the date thereof, to James B. Drake, at the First National Bank at Indianapolis.

The defendant anwered in three paragraphs.

The first was as follows :

“The defendant, Price S. Whitacre, for answer to plaintiff’s complaint says: That he never executed or delivered the supposed promissory note sued upon by plaintiff in manner…

2Cases cited8 opinions

  1. Nebeker v. CutsingerIndiana Supreme Court · 1874
  2. Kimble v. ChristieIndiana Supreme Court · 1876
  3. Cronk v. ColeIndiana Supreme Court · 1858
  4. Cornell v. NebekerIndiana Supreme Court · 1877
  5. Unthank v. Henry County Turnpike Co.Indiana Supreme Court · 1855

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