Taylor v. Walpole

Decided November 10, 1825

Indiana Supreme Court · decided 1825-11-10

— This was an action of debt by Taylor against Walpole on a promissory note made by the defendant to Cushing and Jewett, and by them assigned to the plaintiff. The declaration commences, “State of Indiana, Marion county, ss, James Taylor complains oí Luke Walpole of a plea, &c.;” and, after setting out the note and assignment, it states, “By means whereof an action hath accrued to the said James, &?c.n General demurrer to the declaration, and judgment for the defendant.

Relies on Raborg v. Peyton

Decided 1825-11-10

Blackford, J.

¶1Debt lies in this case. Thom v. Savage, July term, 1820. — Raborg v. Peyton, 2 Wheat. 385. This last ease was debt by an indorsee of a bill of exchange against the accept- or, and the action was sustained. There need be no reference to the statute. Wilcox v. Webb, May term, 1823 (1). The plaintiff need not name himself assignee, as the statute gives him the action in his own name. Stat. 1823, p. 329.

Per Curiam.

¶2The judgment is reversed with costs. Cause remanded, with directions to permit the demurrer to be withdrawn, &c.

¶3 Ante, p. 258.