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15 Ind. 242

Webb v. Bowless

Indiana Supreme Court

Decided December 8, 1860

Indiana Supreme Court · decided 1860-12-08

<p>In an action upon a promissory note, a general plea of a want of consideration is gqod.</p> <p>If a demurrer be directed to the whole answer, it should be overruled if the answer contains one good paragraph.</p>

Relies on Webster v. Parker · Clark v. Harrison

Decided 1860-12-08

Worden, J.

¶1Suit by Webb against the-appellees, upon a promissory note made by them to one Hall, and by him indorsed to the plaintiff.

¶2The defendants filed an answer of four paragraphs, to the whole of which a demurrer was filed and overruled, and exception taken. The plaintiff failing to reply, judgment was rendered for the defendants. The only question presented relates to the ruling of the Court upon the demurrer.

¶3One paragraph of the answer set up that the note was given without any good or valuable consideration whatever. This was undoubtedly good. Clark v. Harrison, 5 Blackf. 302; *243Webster v. Parker, 7 Ind. 185. The demurrer being to the Whole answer, and there being at least one good paragraph, the demurrer was correctly overruled. It is unnecessary to inquire into the other paragraphs of the answer, as the judgment would have to be affirmed, whether they he good or had.

D. W. Voorhees and Charles Tyler, for appellant.J. P. McDonald, 8. C. Wilson "and P. A. Chandler, for appellees.Per Curiam.

¶4The judgment is affirmed, with costs.

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