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1 Smith & H. 121

Loudon v. Walpole

Indiana Supreme Court

Decided November 15, 1848

Indiana Supreme Court · decided 1848-11-15

Assumpsit upon a promissory note. Plea, non assumpsit, without oath. Judgment for the plaintiff. The declaration described the note as made by Andrew A, Loudon, without alleging that he made it by any particular name or description. The note produced was signed “ A. A. LoudonThe defendant objected to its admission, but the objection was overruled.

Decided 1848-11-15

¶1Held,

(Judge Perkins

¶2delivering the opinion of the Court), that the note was properly admitted, it not being inconsistent with the allegations of the declaration, but that as there was no other evidence, and as the note described in the declaration was not alleged to have been made by that name and style, the mere production of the note, without further proof to identify it as the note sued upon, was not sufficient to authorise a judgment in favor of the plaintiff.

¶3Judgment reversed, &c.

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