Heeg v. Weigand

Decided July 1, 1870

Indiana Supreme Court · decided 1870-07-01

Suit by tbe appellants, Heeg and Keisler, against the'appellees, Weigand and Schrunk, on a promissory note for-four hundred dollars, executed September 13th, 1867, by the appellees to one Roberts, and by him assigned' to • the-appellants, without recourse.

Cited by 6 later decisions — most recently January 1910

6 state decisions

Relies on Armstrong v. Cook

Good law ✅— No negative treatment on recordhow we know

Decided 1870-07-01

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Ray, J.

¶1The first and second paragraphs of the answer were good. There was no delivery of the note according' to the terms of the contract. There was no consideration to support the instrument. Armstrong v. Cook, 30 Ind. 22.

¶2The second and third paragraphs of the reply -were each sufficient. By the averments, the new note was given to Roberts, the creditor; it became, therefore, by operation of law, an -additional secui'ity in his hands, and the sure*292ties for whose benefit it was intended, having paid the debt of their principal, were entitled to the advantages of all' his (securities.

T. B. Adams and F. Berry, for appellants.H. C. Hanna and F. S. Swift, for appellees.

¶3The judgment on demurrer should have held the reply good.

¶4Judgment l’eversed, with costs.