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1 Smith & H. 228

Madison Ins. v. Mitchell

Indiana Supreme Court

Decided May 15, 1849

Indiana Supreme Court · decided 1849-05-15

Debt by the payee upon a note signed by James, Samuel, Giles, and John Mitchell. The three first filed several pleas in bar; and upon the trial, they introduced the last, namely, John Mitchell, as a witnes - to prove that the note had been fraudulently obtained by the plair tiff. He bad not been served with process and had not appeared to the action, and he had obtained a discharge under the bankrupt lar since said note became due.

Relies on Dean v. Speakman

Decided 1849-05-15

¶1Held, That as it did not appear that the witness had released to his assignee his claim to surplus and allowance, or that the proceedings in bankruptcy had been finally closed, he was incompetent on the ground of interest. Dean v. Speakman, 7 Blackf. 317.

¶2Judgment reversed, &c.

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