27 Ind. 41 | Ind. | 1866
Sharpe sued William W. Conner and Charles Conner upon a promissory note purporting to be executed
We are unable to perceive how the appellant could be injured by the ruling complained of. Aside from the question as to whether the paragraph could have been of any advantage to him upon the trial, not being verified by oath, (concerning which it is not necessary to express an opinion,) it is very clear that the first paragraph admitted whatever defense would have been admissible in evidence under the second, inasmuch as it embraced the second and much more. If, ’after its execution, the note was so materially changed as not to bind the maker, it was, as changed, not the note he made. Harper v. The State, 7 Blackf. 61. The second paragraph should, therefore, have been stricken out on motion; and we have'repeatedly held that, in such a case, inasmuch as a demurrer sustained practically accomplishes the same end, no injury results, and the error, if any, cannot, therefore, be available here.
The judgment is affirmed, with costs.