Lupton v. Nichols
Indiana Court of Appeals
From Jay Circuit Court; J. M. Smith, Judge. Action by William A. Nichols against Adelma Lupton and others for money paid. Adelma Lupton died pend-' ing suit, and Ambrose Gh Lupton and another, executors, were substituted as defendants. From a judgment for plaintiff, the defendant executors appeal.
1Opinion of the CourtHenley, J.
This action was commenced by the appellee against appellants and the Grand Rapids & Indiana Railroad Company on an account for freight for the shipment of stock over the said railroad, from North Carolina, by way of Cincinnati, to Portland, Indiana. At the time the action was commenced Adelina Lupton was alive, but died before the cause was tried. The appellants, Ambrose G. Lupton and John S. Emmons the executors of the will of the said Adelina Lupton, were substituted as defendants.
The complaint was in two paragraphs. Appellants demurred to each paragraph of the complaint, which demurrer was…
2Cases cited2 opinions
- Morningstar v. CunninghamIndiana Supreme Court · 1887
- Mooney v. Howard InsuranceMassachusetts Supreme Judicial Court · 1885
3Cited by6 opinions
- Chicago & Erie Railroad v. MitchellIndiana Supreme Court · 1915
- Hitz v. WarnerIndiana Court of Appeals · 1911
- Fowler Utilities Co. v. Chaffin Coal Co.Indiana Court of Appeals · 1909
- Independent Torpedo Co. v. J. E. Clark Oil Co.Indiana Court of Appeals · 1911
- Zietlow v. VickersIndiana Court of Appeals · 1932
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