History
  • No items yet
midpage
McDonald v. Hare
28 Ind. App. 227
Ind. Ct. App.
1902
Check Treatment
Kobiitsom, P. J.

Appellee sued upon a promissory note, and, upon issues formed by answer and reply, and a trial by jury, recovered a verdict. Tbe only error assigned is that tbe complaint does not state sufficient facts. Tbe only objections to tbe complaint stated by counsel are that it is not averred that tbe note was given for value, nor is tbe execution of tbe note averred. Tbe complaint avers that appellee by bis certain promissory note, made part of tbe complaint, “promised to pay” appellant a named sum, and tbe note itself recites that it is given for “value received.” As appellee did not deny, under oath, tbe execution of the note, which is in tbe ordinary form, no proof upon that point was necessary other than tbe note itself, which was sufficient to authorize a recovery. The complaint, through the exhibit, shows the note was given for value received. The pleading would have been good against a demurrer. Napier v. Mayhew, 35 Ind. 276; Hunt v. Raymond, 11 Ind. 215; Deutsch v. Korsmeier, 59 Ind. 373; Hardin v. Helton, 50 Ind. 319; Albany Furniture Co. v. Merchants’ Bank, 17 Ind. App. 93.

Judgment affirmed, with ten per cent, -damages and costs.

Case Details

Case Name: McDonald v. Hare
Court Name: Indiana Court of Appeals
Date Published: Jan 16, 1902
Citation: 28 Ind. App. 227
Docket Number: No. 3,506
Court Abbreviation: Ind. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.