Wardens & Vestry of St. James's Church v. Moore
Indiana Supreme Court
APPEAL from the Knox Circuit Court. Debt, by the appellees against the appellants. The declaration contained a special, and the common counts. The special count set out, in Jicec verba, the following instrument in writing: “ Three hundred and seventy-eight dollars and six cents.
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APPEAL from the Knox Circuit Court. Debt, by the appellees against the appellants. The declaration contained a special, and the common counts. The special count set out, in Jicec verba, the following instrument in writing: “ Three hundred and seventy-eight dollars and six cents. Vin-cennes, Indiana, March 24, 1843. The treasurer of the vestry of St. James's Church, will pay to the order of Moore & Dawes, the sum of three hundred and seventy-eight dollars and six cents, with legal interest from the 7th of March, 1843, until paid, being the balance due them on their contract. By order of the…
1Opinion of the Court
Perkins, J.—
“The count did not, nor did the declaration anywhere, in direct terms, allege that the plaintiffs were partners, or that the order was drawn, or that the indebtment accrued to them by any particular naipe, though the averment in the count under consideration, that the defendants were indebted to the plaintiffs by virtue of *182a certain order, which was, in fact, payable to ‘ Moore & Dawes' and the setting out of that order in hcec verba, are, perhaps, equivalent to an averment that the order was drawn to them by the name of Moore & Dawes. Still, if under the general allegation that…
2Cases cited2 opinions
- Mack v. SpencerNew York Supreme Court · 1830
- Taylor v. CoquillardIndiana Supreme Court · 1839