Harris v. Clark
Ohio Supreme Court
This is an action of assumpsit from the county of Hamilton. It is a suit by the holder against an indorser of a promissory note, and is submitted to the court, both as to matters of law and of fact.' The declaration contains a special count, and the several counts for money paid, money lent, money had and. received, etc.
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This is an action of assumpsit from the county of Hamilton. It is a suit by the holder against an indorser of a promissory note, and is submitted to the court, both as to matters of law and of fact.' The declaration contains a special count, and the several counts for money paid, money lent, money had and. received, etc. The first count in the declaration being defective, the plaintiff offered in evidence, under the common counts, a joint and several promissory note, bearing date January 9, 1838, signed by Daniel B. Basset, Luke Kendall, and J. Basset, made payable one year after date to one…
1Opinion of the Court
*Hitchcock, J.
No question is made, in the present case, as to the execution and indorsement of the note which was given in evidence, but several exceptions are taken to the competency and sufficiency of the proof introduced by the plaintiff.
The first question raised for the consideration of the court is, whether an action for money had and received, money lent, etc., can be sustained by the holder of a promissory note against an indorser of the same note. That such bill, note, acceptance, or indorsement, as between the immediate parties, is prima facie evidence of money lent, money had and…
2Cases cited4 opinions
- Bank of United States v. SmithSupreme Court of the United States · 1826
- Olcott v. RathboneNew York Supreme Court · 1830
- Kennedy v. CarpenterSupreme Court of Pennsylvania · 1837
- Rockfeller v. RobinsonNew York Supreme Court · 1837
3Cited by15 opinions
- Home Indemnity Co. v. Village of PlymouthOhio Supreme Court · 1945
- Millis v. Scottish Union & National InsuranceMissouri Court of Appeals · 1902
- Blair v. West Point Manufacturing Co.Nebraska Supreme Court · 1878
- Blinn v. Dresden Mutual Fire InsuranceSupreme Judicial Court of Maine · 1893
- M. G. Singleton & Co. v. Boone County Home Mutual InsuranceSupreme Court of Missouri · 1870
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