Durbin v. Northwestern Scraper Co.
Indiana Supreme Court
Erom Delaware Circuit Court; Joseph O. Leffler, Judge. Action 'by Winfield T. Durbin and others against the Northwestern Scraper Company and others. Erom a decision of the Appellate Court (36 Ind. App. —) reversing a judgment for two of such defendants, such defendants appeal.
1Per curiam
In this case Winfield T. Durbin and others brought an action against four defendants, one of whom was Hester Neely, to recover on a note for $15,000, executed by the defendants. Said Neely answered by general denial, and also filed two special paragraphs of answer, which were predicated upon the theory that she was a surety on the note, but had been discharged. A demurrer to the latter paragraphs was overruled, and an exception reserved by the plaintiffs. Upon issues joined there was a finding and judgment for $18,100 in favor of plaintiffs as against two of the defendants, but as to said…
2Cases cited2 opinions
- Avery v. Nordyke & Marmon Co.Indiana Supreme Court · 1905
- Crum v. North Vernon Pump & Lumber Co.Indiana Supreme Court · 1904
3Cited by1 opinion
- Matter of Willows of Coventry, Ltd. PartnershipUnited States Bankruptcy Court, N.D. Indiana · 1993