Hamrick v. Craven
39 Ind. 241
Ind.1872Check TreatmentThere are only two questions in this case.
First. 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.
Second. 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.
The judgment is reversed, at the costs of the appellees, with instructions to the court below to sustain the demurrer to the answer.
Petition for a rehearing overruled.