Howard v. Whitman

Whitman, as receiver of the assets of the Sinnissippi Insurance Company, appointed by the Marion Civil Circuit Court, sued Howard on a premium note executed by him to said insurance company. A demurrer was filed to the complaint, which the court overruled, and the defendant refusing to answer over, judgment was rendered for the amount assessed on the note. Howard appeals.

The question of the sufficiency of the complaint as a cause of action is the only one in the case. It appears by the complaint that the defendant, Howard, on the 20th of December, 1865, in consideration of a policy of…