John v. Clayton
Indiana Supreme Court
ERROR to the Franklin Circuit Court. — Assumpsit by Clayton against John and JY. Noble for goods sold and delivered. The suit was commenced on the 22d of December, 1818, and the promises upon which the action was founded, were alleged in the declaration to have been made “some time about the 10th of December, 1817.” The defendants pleaded in abatement, that the promises, &c., if &c., were made jointly with Dunn, Ludlow, and L. Noble.
Read the full summary
ERROR to the Franklin Circuit Court. — Assumpsit by Clayton against John and JY. Noble for goods sold and delivered. The suit was commenced on the 22d of December, 1818, and the promises upon which the action was founded, were alleged in the declaration to have been made “some time about the 10th of December, 1817.” The defendants pleaded in abatement, that the promises, &c., if &c., were made jointly with Dunn, Ludlow, and L. Noble. The plaintiff replied, that the promises were made by the defendants alone; and issue was thereupon joined (1). — The jury found for the plaintiff, and the Court…
1Opinion of the CourtHolman, J.
We must presume that the promise was proved as laid; and as it would be a very forced presumption that some time about the 10th of December, 1817, was after the 22d of December, 1818, we must consider that, in legal intendment, the promise was found by the jury to have been made previous*55ly to the commencement of the action; which finding would be sufficient to authorize the judgment.
Caswell, for the plaintiffs. Test and Lane, for the defendant.
As to the judgment of respondeat ouster, the defendants below have no reason to complain. The irregularity operated to their advantage, and afforded…
Also in this document: Per curiam.
2Cited by4 opinions
- Long v. StateIndiana Supreme Court · 1884
- Alling v. SheltonSupreme Court of Connecticut · 1844
- Thompson v. GreenwoodIndiana Supreme Court · 1867
- Neal v. MillsIndiana Supreme Court · 1839