Nave v. Wilson
Indiana Supreme Court
APPEAL from the Hendricks Circuit Court. Suit by Wilson, administrator of the estate of Davidi Matlock, deceased, against the appellant, on a promissory mote for eight hundred and éighty-nine dollars and seventy cents, executed by the appellant to- said Matlock.
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APPEAL from the Hendricks Circuit Court. Suit by Wilson, administrator of the estate of Davidi Matlock, deceased, against the appellant, on a promissory mote for eight hundred and éighty-nine dollars and seventy cents, executed by the appellant to- said Matlock. The appellant answered in four paragraphs-. The first alleges the execution of the note through mistake as to the-amount j that it should have been for five hundred and seventy-five dollars ; and, by way of set-ofij that said Mat-lock, at the date of his death, was indebted, and his estate-is still indebted, to.the defendant,in thesum…
1Opinion of the CourtElliott, J.
The first question to which our attention is called in the case arises upon the ruling of the court in *297overruling the demurrer to the second paragraph of the reply. That paragraph assumes to reply to the whole answer, but it fails to do so. The third paragraph of the answer alleges, that Matlock, the intestate, before his death, sold, transferred, and delivered the note in suit, for a valuable consideration, to one Sarah Matlock; that the intestate, at the time of his death, had no interest whatever therein; and that the plaintiftj as administrator of the decedent, had no right of action on…
2Cited by4 opinions
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- Springfield Engine & Thresher Co. v. KennedyIndiana Court of Appeals · 1893
- State ex rel. School Town v. JulianIndiana Supreme Court · 1884
- Ferrandini v. Bankers Life Ass'nWashington Supreme Court · 1909