Anderson v. Poindexter
Ohio Supreme Court
In error to the district court of Clermont county. The action below was assumpsit, brought to recover the amount of two promissory notes given to the plaintiff, dated August 22, 1848, each for $100, one payable in two, and the other in three years-after date. Poindexter was the principal in the notes, and Thomas C. G-owdy, Jackson "White, and Francis Donaldson were sureties.
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In error to the district court of Clermont county. The action below was assumpsit, brought to recover the amount of two promissory notes given to the plaintiff, dated August 22, 1848, each for $100, one payable in two, and the other in three years-after date. Poindexter was the principal in the notes, and Thomas C. G-owdy, Jackson "White, and Francis Donaldson were sureties. Poindexter was not served with process, and the suit has been prosecuted against and defended by the sureties. The general issue and two special pleas were filed by the defendants. *The first special plea alleges that the…
1ConcurrenceBartley, C. J.
Although 1'concur in the judgment pronounced, A differ so essentially with the majority of the court as .to the main *676ground upon which the decision has been.placed, that it is proper that I should state my own views fully in a separate opinion.
The original suit was instituted in the court of common pleas of Clermont county, on the 24th day of July, 1852, in which the plaintiff in error declared in assumpsit, on two promissory notes, dated August 22, 1848, each payable to plaintiff, in the sum of one hundred dollars ; one in two, and the other in three years, after date, and ■each executed in…
2Cases cited9 opinions
- The AntelopeSupreme Court of the United States · 1825
- Combs v. Jefferson Pond Draining Co.Court of Appeals of Kentucky · 1860
- Davis v. TingleCourt of Appeals of Kentucky · 1848
- Lewis v. FullertonSupreme Court of Virginia · 1821
- Jackson v. BullochSupreme Court of Connecticut · 1837
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