Jamison v. Buckner

Decided May 18, 1827

Indiana Supreme Court · decided 1827-05-18

<p>ERROR to the Marion Circuit Court. Assumpsit by Buckner against Jamison. Plea, non-assumpsit. Verdict and judgment for the plaintiff.</p>

Cited by 2 later decisions — most recently June 1838

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1827-05-18

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Scott, J.

¶1On the general issue, in an action of assumpsit, the Court refused to hear evidence, on the part of the defendant^ of a failure of consideration. By pur statute, regulating the practice in suits at law, the defendant is aúthorised to allege the want or failure of consideration, by special plea. R. C. 1824, p. 295 (1). Prior to the statute, evidence of that fact could have been given on the general issue. The statute is cumulative, and does not take away the fight which existed prior to its enactment.

Per Curiam.

¶2The judgment is reversed with costs.

¶3 Accord. R. C. 1831, p. 405.