Palmer v. Hughes
Indiana Supreme Court
ERROR to the Clark Circuit Court. — Hughes was the plain-o * tiff in the Circuit Court, and Palmer and wife the defendants.
1Opinion of the CourtBlackford, J.
Scire facias on a mortgage. General demur'rer, and judgment for the plaintiff below. It appears in the scire facias that the note, for the payment of which the mortgage was given, was payable at the Louisville branch bank; but .it is not shown that the money had been at any time demanded there: and that is the error assigned. • -
With regard to promissory notes payable at a particular place, the law is very well settled that the place of payment is a substantial part of the contract ; that before suit brought a demand of payment must be there made; and that such demand must be averred in the…
Also in this document: Per curiam.
2Cases cited2 opinions
- Bank of United States v. SmithSupreme Court of the United States · 1826
- Bank of Kentucky v. HickeyCourt of Appeals of Kentucky · 1823
3Cited by3 opinions
- Bank of Montreal v. IngersonSupreme Court of Iowa · 1898
- Montgomery v. TuttCalifornia Supreme Court · 1858
- Glatt v. FortmanIndiana Supreme Court · 1889