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30 Ind. 242

Griffin v. Cox

Indiana Supreme Court

Decided November 15, 1868

Indiana Supreme Court · decided 1868-11-15

<p>Pleading. — Justice of the Peace. — A complaint filed before a justice of the peace was a promissory noto indorsed by the payee, whereby the defendant promised to pay him “ one hundred & JL<L..”</p> <p>Held, that this was sufficient as a complaint.</p> <p>Set-Oit. — A set-oif in favor of one of two makers of a promissory note, both being principals, pleaded by him in answer to a suit on the note against the makers, is bad on demurrer.</p>

Cited by 3 later decisions — most recently October 1887

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1868-11-15

View the full empirical analysis of this case →

Erazer, J.~

¶1This case originated before a justice of tbe peace. Tbe complaint filed was a promissory note against the appellants, indorsed by-the payee, whereby they promised to pay him “one hundred & ■£?$.” The first question is, whether this was sufficient as a complaint. "We find no difficulty in solving this inquiry by an affirmative decision. The utmost liberality must, for the purposes of justice, be tolerated iu the pleadings before a magistrate’s court, else every good purpose intended by the creation of that tribunal will be defeated.

¶2A set-oif in favor of one of the makers of the note was pleaded by him, both makers being principals. It was plainly right to sustain a demurrer to it.

¶3The judgment is affirmed, with ten per cent, damages and costs.

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