Digan v. Mandel
Indiana Supreme Court
From Cass Circuit Court; John S. Lairy, Judge. Action by Joseph Mandel against James F. Digan, as administrator of the estate of James O’Donnell, deceased. From a judgment for plaintiff, defendant appeals. Transferred from Appellate Court under §1337u Burns 1901, Acts 1901, p. 590.
1Opinion of the CourtMontgomery, C. J.
Appellee brought this action upon a promissory note against Max Jennings and James O’Donnell. No service was obtained upon Jennings, and no appearance by him entered. O’Donnell answered (1) general denial, (2) non est factum, (3) payment, (4) want of consideration, and (5) that the note was signed by O’Donnell as surety, and at the time was intentionally made payable at the City National Bank of Logansport, with the understanding between him and Jennings that appellee’s assignor, John F. Troutman, should also sign the note as cosurety; that the note was never delivered to the payee therein…
2Cases cited35 opinions
- Terre Haute & Indianapolis Railroad v. McCorkleIndiana Supreme Court · 1895
- Leeds v. City of RichmondIndiana Supreme Court · 1885
- Palmer v. PoorIndiana Supreme Court · 1889
- Riser v. SnoddyIndiana Supreme Court · 1856
- Jackson Township v. BarnesIndiana Supreme Court · 1876
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3Cited by6 opinions
- Guyer v. Union Trust Co.Indiana Court of Appeals · 1914
- Deeter v. BurkIndiana Court of Appeals · 1914
- Gandy v. Orr, AdministratorIndiana Court of Appeals · 1942
- Phillips v. OppenheimSupreme Court of Oklahoma · 1927
- Vincennes Savings & Loan Ass'n v. RobinsonIndiana Court of Appeals · 1939
1 more not listed; retrieve them via the Exa API.