Henry v. Gilliland
Indiana Supreme Court
Prom the Montgomery Circuit Court.
1Opinion of the CourtMitchell, C. J.
This suit was brought by Gilliland against Henry to recover the amount remaining due on a promissory note, executed by Henry to one Coons, and by him assigned to the plaintiff before maturity. The note was not commercial paper.
The defendant answered specially, that the consideration of the note was part of the purchase-price of certain real estate conveyed to him by the payee by deed containing full covenants of warranty; that at the time of the conveyance the land was encumbered by the lien of a judgment in favor of Burbridge against Coons, and that, in order to protect his title, he had…
2Cases cited9 opinions
- Willetts v. . the Sun Mutual Ins. Co.New York Court of Appeals · 1871
- Abel v. AlexanderIndiana Supreme Court · 1874
- Doherty v. BellIndiana Supreme Court · 1876
- Holmes v. BoydIndiana Supreme Court · 1883
- Jaqua v. MontgomeryIndiana Supreme Court · 1870
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3Cited by17 opinions
- Merchants' & Mechanics' Savings Bank v. FrazeIndiana Court of Appeals · 1894
- Davis v. StoutIndiana Supreme Court · 1890
- Voris v. ShottsIndiana Court of Appeals · 1898
- Brown v. First National BankIndiana Supreme Court · 1888
- McCormick Harvesting Machine Co. v. YoemanIndiana Court of Appeals · 1901
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