Legal Opinion

Kirtz v. Spaugh

Indiana Superior Court

Decided July 1, 1873Published

1Opinion of the CourtBlair, J.

This is a suit by Sophia Kirtz against Robert Spaugh, and Charles S. Boynton, on a promissory note, made by the defendants to the plaintiff, dated January 12, 1870, due'one day after date.

The defendant Spaugh suffered a default. Defendant Boynton filed an answer in eight paragraphs..

The first was a general denial. The second, payment by his co-defendant, Spaugh. Third, that he (Boynton) executed the note without any consideration. Fourth, that the consideration of the note moved entirely to his co-defendant, Spaugh, and he signed it only as surety for Spaugh, as was well known to the…

2Cases cited16 opinions

  1. United States v. KirkpatrickSupreme Court of the United States · 1824
  2. Robb v. Hackley & WeltonNew York Supreme Court · 1840
  3. Lawrence v. BarkerNew York Supreme Court · 1830
  4. Dobbin v. BradleyNew York Supreme Court · 1837
  5. Jackson ex dem. Hopkins v. LeekNew York Supreme Court · 1834

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