Jones v. Clark
Decision Date | 09 June 1857 |
Parties | Jones v. Clark and Another |
Court | Indiana Supreme Court |
From the Clinton Circuit Court.
The judgment is reversed with costs. Cause remanded for further proceedings in accordance with this opinion.
Ephraim A. Greenlee, for appellant.
Suit by Jones against Clark and Cullen. The complaint alleges in substance that the defendants fraudulently, etc., obtained from the plaintiff 100 dollars, by agreeing to invest it in lands in Texas, etc., as evidenced by a written agreement over the name of Clark, which reads thus, and is made a part of the complaint:
The suit was commenced in March, 1855. The complaint denies that any of the agents went, or intended to go to Texas; but, on the contrary, that they left Virginia, where the contract was made, with the money, and, invested it in lands in Indiana, for their own benefit.
To this complaint the defendants answered that the cause of action mentioned therein did not accrue within six years before the commencement of the suit.
The plaintiff demurred to the answer, assigning for causes--
1. That the answer did not contain matter sufficient to bar the action.
2. That the action was upon a written agreement to which the six years' limitation law did not apply, but that of twenty years.
The Court overruled the demurrer, and gave final judgment for the defendants.
It seems to us that the action may fairly be regarded as upon the written agreement; and hence, that the answer was insufficient. By the writing, the money was to be returned, if not expended in the way proposed. The demurrer should have been sustained.
Whether the evidence will be sufficient to authorize a recovery against the defendants jointly, a future trial must determine.
The judgment is reversed with costs. Cause remanded for further proceedings in accordance with this...
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