Heeg v. Weigand
Indiana Supreme Court
APPEAL from the Franklin Common Pleas. Suit by tbe appellants, Heeg and Keisler, against the'appellees, Weigand and Schrunk, on a promissory note for-four hundred dollars, executed September 13th, 1867, by the appellees to one Roberts, and by him assigned' to • the-appellants, without recourse.
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APPEAL from the Franklin Common Pleas. Suit by tbe appellants, Heeg and Keisler, against the'appellees, Weigand and Schrunk, on a promissory note for-four hundred dollars, executed September 13th, 1867, by the appellees to one Roberts, and by him assigned' to • the-appellants, without recourse. The appellee Schrunk answered separately, in two-para-graphs, the first admitting that he signed the note, but alleging that he signed it only as surety for said Weigand; that it was executed by them in consideration of the delivering up to said Weigand or cancellation of a certain promissory note for…
1Opinion of the CourtRay, J.
The first and second paragraphs of the answer were good. There was no delivery of the note according' to the terms of the contract. There was no consideration to support the instrument. Armstrong v. Cook, 30 Ind. 22.
The second and third paragraphs of the reply -were each sufficient. By the averments, the new note was given to Roberts, the creditor; it became, therefore, by operation of law, an -additional secui'ity in his hands, and the sure*292ties for whose benefit it was intended, having paid the debt of their principal, were entitled to the advantages of all' his (securities.
T. B. Adams and…
2Cases cited1 opinion
- Armstrong v. CookIndiana Supreme Court · 1868
3Cited by6 opinions
- Johnston v. MayIndiana Supreme Court · 1881
- Jeffries v. LambIndiana Supreme Court · 1880
- Meeker v. ShanksIndiana Supreme Court · 1887
- Westacott v. HandleySupreme Court of Minnesota · 1910
- Kusler v. CrofootIndiana Supreme Court · 1881
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