Legal Opinion

McClintick v. Johnston

U.S. Circuit Court for the District of Indiana

Decided May 15, 1839Published

[This was an action at law by John Mc-Clintick against Imley D. Johnston and David Cummins. Heard on demurrer.]

1Opinion of the Court

OPINION OF THE COURT.

This action is brought on the following promissory' note: “?715 OS. Madison, Indiana, Aug. 28th, 1837. Nine months after date, we jointly and severally promise to pay at the Branch of the State Bank of Indiana, at Madison, to Riley & Van Amaringe, merchants of Philadelphia, or to their order, seven hundred and fifteen dollars and eight cents, without defalcation. for value received. I. D. Johnston. David Cummins.” Indorsed: “For value received, pay the within to John MeClintick. Riley & Van Amaringe.”

The defendant filed the following pleas: 1. Non assumpsit. 2. “That at…

2Cases cited4 opinions

  1. Lawrence v. Stonington BankSupreme Court of Connecticut · 1827
  2. Pearson v. PearsonNew York Supreme Court · 1810
  3. Denniston v. BaconNew York Supreme Court · 1813
  4. Bayley v. TaberMassachusetts Supreme Judicial Court · 1810

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