Morehead v. Murray
Indiana Supreme Court
APPEAL from the Knox Circuit Court. Suit by Morehead against Murray and Práther ou two promissory notes bearing the same date, one for one hundred dollars, and the other for two hundred dollars, executed by the defendants to Miller, Swan & Co., and assigned by indorsement by the payees to the plaintiff.
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APPEAL from the Knox Circuit Court. Suit by Morehead against Murray and Práther ou two promissory notes bearing the same date, one for one hundred dollars, and the other for two hundred dollars, executed by the defendants to Miller, Swan & Co., and assigned by indorsement by the payees to the plaintiff. Answer, in two paragraphs: first, the general denial; second, that on the day of the date of the notes sued on, November 8th, 1865, defendant Murray bought of Miller, Swan & Co. five hundred fruit trees and three hundred and ten grape vines, which it was agreed by them should be thrifty and in…
1Opinion of the CourtRay, J.
There was no error in overruling the demurrer to the second paragraph of the answer. It denied that the trees and vines were of any value whatever.
There was no error in allowing parol evidence of the memorandum on the back of the order. It was not a contract, but a simple memorandum, and proper for the witness to use to refresh his memory, but it should not have been introduced in evidence as a paper. As there was nothing in it of substance, however, this error cannot work a reversal. As to the objection to the proof of an agreement to replace the trees which should not grow, as being in…
2Cases cited1 opinion
- Hynds v. HaysIndiana Supreme Court · 1865
3Cited by7 opinions
- Neidefer v. ChastainIndiana Supreme Court · 1880
- Rowell v. KleinIndiana Supreme Court · 1873
- Kirby v. StateCourt of Criminal Appeals of Oklahoma · 1923
- Mooklar v. LewisIndiana Supreme Court · 1872
- First National Bank of Bartlesville v. BlakemanSupreme Court of Oklahoma · 1907
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