Davis v. Clements
Indiana Supreme Court
ERROR, to the Martin Circuit Court.—Debt on a writing obligatory for 146 dollars and 66 cents, executed by Clements to Harris, and assigned by the latter to Oliver, and by Oliver to Davis. The obligation is dated on the 10th of June, 1817, and is payable on or before the 1st of December, 1818. Plea, actio non, because, &c. on the 10th of June, 1817, Harris represented to the defendant that he owned _ three lots of land in Franklin county, and offered to sell them to him.
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ERROR, to the Martin Circuit Court.—Debt on a writing obligatory for 146 dollars and 66 cents, executed by Clements to Harris, and assigned by the latter to Oliver, and by Oliver to Davis. The obligation is dated on the 10th of June, 1817, and is payable on or before the 1st of December, 1818. Plea, actio non, because, &c. on the 10th of June, 1817, Harris represented to the defendant that he owned _ three lots of land in Franklin county, and offered to sell them to him. The defendant, accordingly, purchased the lots of Harris for the sum of 146 dollars and 66 cents; and then, on the 10th of…
1Opinion of the CourtHolman, J.
Agreeably to the case of Leonard v. Bates, May term, 1822, the decision of the Circuit Court in this case, is correct (1). The demurrer admits the facts stated in the plea, that the note was given for the purchase-money for the, *4land; and that Harris never had a title to the land, and could.' make no conveyance to the defendant. These facts, alone, show that the consideration of the note has wholly failed. Although WaS n°^ ma<^e payment of the money, it was to be made as soon as the money was paid; and the defendant was not bound to part with his money, until he saw not only a disposition but…
Also in this document: Per curiam.
2Cited by6 opinions
- Chesapeake & Ohio Canal Co. v. County CommissionersCourt of Appeals of Maryland · 1881
- Mix v. EllsworthIndiana Supreme Court · 1854
- Doremus v. BondIndiana Supreme Court · 1847
- Evans v. BradfordIndiana Supreme Court · 1871
- Rook v. WrightIndiana Supreme Court · 1917
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