Hamrick v. Craven

Decided May 15, 1872

Indiana Supreme Court · decided 1872-05-15

<p>Pleading.—Exhibit.—Set- Off.—Promissory Note.—An answer offering to set off a note must be accompanied by the note or a copy thereof, or must show a reason why this is not done.</p> <p>Executor.—Assignment of Note.—An executor may transfer, by assignment, a note due his testator, so as to vest the title in the assignee.</p>

Relies on Thomas v. Reister

Good law ✅— No negative treatment on recordhow we know

Decided 1872-05-15

How this case has been cited

Cited by 9 later decisions — most recently October 1903

9 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Pettit, J.

¶1There are only two questions in this case.

¶2First. Must an answer offering to set off a note be accompanied by the note or a copy of it, or show a reason why it is not done, such as a loss or destruction? We answer this question in the affirmative, and need only refer to 2 G. & H. 104, sec. 78, and the notes under it.

¶3Second. Can an executor transfer, by assignment, a note due to his testator, so as to vest the title in the assignee ? We also answer this question in the affirmative, and cite Thomas v. Reister, 3 Ind. 369, and authorities there cited.

C. C. Nave and C. A. Nave, for appellant.L. M. Campbell, for appellees.

¶4The judgment is reversed, at the costs of the appellees, with instructions to the court below to sustain the demurrer to the answer.*

¶5Petition for a rehearing overruled.