Streeter v. Henley
Indiana Supreme Court
APPEAL from the Delaware Circuit Court. Assumpsit upon a note for the payment of sixty dollars, in a horse worth from forty to fifty dollars, and in cash notes on different individuals for the balance. The note was given by Henley to one Jobs, and was assigned by the latter to the plaintiff. The defendant pleaded six pleas in bar. The first and second stated that the defendant tendered the horse and notes to Jobs, the payee, and that the tender was refused.
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APPEAL from the Delaware Circuit Court. Assumpsit upon a note for the payment of sixty dollars, in a horse worth from forty to fifty dollars, and in cash notes on different individuals for the balance. The note was given by Henley to one Jobs, and was assigned by the latter to the plaintiff. The defendant pleaded six pleas in bar. The first and second stated that the defendant tendered the horse and notes to Jobs, the payee, and that the tender was refused. There were replications in denial of these pleas and issues. . The third and fourth pleas stated, that the note was given in…
1Opinion of the CourtBlackford, J.
— “ The third and fourth pleas are very defective.
Neither the amount of the taxes, nor the names of the purchasers at the tax-sale, are given; and the land, for any thing shown, was redeemable. These pleas rely on a breach of covenant against in-cumbrances ; but they do not show the defendant to have been injured by the incumbrance. No eviction under the incumbrance is shown. Had the defendant paid the taxes, he might have thus lessened the amount recoverable on the note; but no such payment is alleged. The demurrers were rightly sustained. Whisler v. Hicks, 7 Blackf. 100; Smith v. Ackerman,…
2Cases cited3 opinions
- Shanklin v. CooperIndiana Supreme Court · 1846
- Nichols v. WoodruffIndiana Supreme Court · 1847
- Walpole v. CooperIndiana Supreme Court · 1844