Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Volume 15
Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, John Worth Kern, Augustus Newton Martin, John Lewis Griffiths, Francis Marion Dice, Sidney Romelee Moon, Charles Frederick Remy
Bobbs-Merrill Company, 1861 - Law reports, digests, etc
"With tables of the cases and principal matters" (varies).
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administrator affidavit agreement alleged amount answer appellant appellee apply assigned attorney authorized averred Blackf bond Boone county cause of action Cause remanded cent Circuit Court claim commenced common council Common Pleas complaint Constitution contract creditors Curiam.—The judgment damages and costs debt deed defendant demand demurrer dollars Eeld entitled equity error Evansville evidence execution facts filed Fountain county given Held indorsement interest issue J. W. Gordon J.—Suit January 24 judgment is affirmed judgment is reversed jurisdiction jury justice land liable ment mortgage motion objection opinion overruled paid paragraph party payable payment person petition plaintiff pleaded proceedings promissory note purchase money question railroad company real estate record recover refused rendered replevin reply rule sold statute subscription sued sufficient suit surety sustained taken Term thereof tion Tippecanoe county township trial trustees usury valid verdict Wiley witness
Page 137 - ... that a court of equity substitutes him in the place of the creditor, as a matter of course, without any agreement to that effect.
Page 38 - That the nature and extent of the liabilities of the drawer or indorser are to be determined according to the law of the place where the bill is drawn or indorsement made, has been adjudged both here and in England.
Page 171 - Assigns, for the which payment well and truly to be made and done, we bind ourselves, our Heirs, Executors and Administrators jointly and severally, firmly by these presents, sealed with our seals, and dated this 23d day of May AD l8l2.
Page 126 - ... payment from the surplus of the joint fund after satisfaction of the joint debts. The equity of the rule, on the other hand, equally requires that the joint creditors should only look to the surplus of the separate estates of the partners after payment of the separate debts. It was a principle of the Roman law, and it has been acknowledged in the equity jurisprudence of Spain, England, and the United States, that partnership debts must be paid out of the partnership estate, and private and separate...
Page 420 - The right of the board to act in an execution of the authority is placed upon the fact that a majority of the votes had been cast in favor of the subscription; and to have acted without first ascertaining it, would have been a clear violation of duty; and the ascertainment of the fact wag necessarily left to the inquiry and judgment of the board itself, as no other tribunal was provided for the purpose.
Page 205 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Page 340 - In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense, existing at the time of, or before notice of the assignment; but this Section shall not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before due.
Page 339 - St. 1881, it is provided that '' notes payable to order or bearer, in a bank in this state, shall be negotiable as inland bills of exchange, and the payees and endorsees thereof may recover as in case of such bills.
Page 420 - ... that full power is conferred upon the board to subscribe for the stock and issue the bonds, when a majority of the voters of the county have determined in favor of the subscription, after due notice of the time and place of the election. The case assumes that the requisite notices were not given of the election, and hence that the vote has not been in conformity with the law.