Wynn v. Hiday
Indiana Supreme Court
ERROR to the Madison Circuit Court.—This was an action of debt brought by L. Wynn, J. Wynn, and L. Abraham, executors of T. Wynn, deceased, against J. B. Hiday, on a writing obligatory, executed by the defendant to the plaintiffs’ testator for tbe payment of 62 dollars.
Read the full summary
ERROR to the Madison Circuit Court.—This was an action of debt brought by L. Wynn, J. Wynn, and L. Abraham, executors of T. Wynn, deceased, against J. B. Hiday, on a writing obligatory, executed by the defendant to the plaintiffs’ testator for tbe payment of 62 dollars. Pleas, 1st, that the obligation was obtained by fraud, covin, and misrepresentation, to wit, by tbe testator’s falsely and fraudulently representing to the defendant that he, the testator, owned a pair of good merchantable mill stones, and by selling them to the defendant; that the mill stones were not good and merchantable as…
1Opinion of the CourtBlackford, J.
According to the statute, the defendant may plead to an action on a specialty like the present, the want or failure of the consideration, or of any part of it. Tbe plaintiffs contend, that where there is a plea of a total failure of consideration, under this statute, the whole plea must be proved, or the defence amounts to nothing. In this we think he is mistaken. If the defendant under bis plea suitable to the case, of a total failure of consideration, prove, in addition to the fraudulent *124representations, or to the breach of warranty, that the article is of no value, or has been returned, or…
2Cases cited15 opinions
- Thornton v. WynnSupreme Court of the United States · 1827
- Reab v. McAlisterCourt for the Trial of Impeachments and Correction of Errors · 1831
- Bruckner's lessee v. LawrenceMichigan Supreme Court · 1843
- M'Allister v. ReabNew York Supreme Court · 1830
- Spalding v. VandercookNew York Supreme Court · 1829
10 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Fletcher v. Los Angeles Trust & Sav. BankCalifornia Supreme Court · 1920
- Smith v. BordenIndiana Supreme Court · 1903
- Love v. OldhamIndiana Supreme Court · 1864
- Warder v. FisherWisconsin Supreme Court · 1880
- Dill v. O'FerrellIndiana Supreme Court · 1873
10 more not listed; retrieve them via the Exa API.