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15 Ind. 297

Fink v. Maples

Indiana Supreme Court

Decided December 11, 1860

Indiana Supreme Court · decided 1860-12-11

<p>APPEAL from the Allen Common Pleas.</p>

Cited by 1 later decisions — most recently November 1882

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1860-12-11

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Per Curiam.

¶1Suit upon a note, for a certain sum of money, a part of which might be paid in a specific article, within twenty days.

¶2The note was assigned, and the suit was by the assignee.

¶3We are inclined to regard the instrument as a promissory note, assignable by the statute.

M. Jenhinson, for appellant.W. M. Crane and W. S. Smith, for appellee.

¶4The defendant demurred for defect of parties, but did not specify in hjs demurrer what party was omitted, or improperly added.

¶5A plea in abatement must specify the party omitted, thus giving a better writ. In this case there was no defect of .parties.

¶6The judgment is affirmed, with 10 per cent, damages and costs.

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