Wright v. Allen

Decision Date06 June 1861
Citation16 Ind. 284
PartiesWright v. Allen
CourtIndiana Supreme Court

APPEAL from the Union Common Pleas.

The judgment is affirmed, with 1 per cent. damages and costs.

Thos. Bennett, for the appellant.

J. F. Gardner, for the appellee.

OPINION

Per Curiam.

This case falls within Powers v. Talbott, 11 Ind. 1, and is affirmed on the authority of that case. See Black v. Mitchell, 14 Ind. 397, for qualifications of the rule in Powers v. Talbott, supra; Morrison & Newby v. Weaver et al., at this term. The rule is, that where an assignee takes a note, upon the representation of the maker that it will be paid, or is good, upon which representation the purchaser of the note rightfully relies, the maker is estopped to defend against the payment of the note.

The judgment is affirmed, with 1 per cent. damages and costs.

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2 cases
  • Steere v. Benson
    • United States
    • United States Appellate Court of Illinois
    • 31 Mayo 1878
    ...291; Griswold v. Davis, 31 Vt. 390; Munn v. McDonald, 10 Watts, 270; Manning v. McClure, 36 Ill. 490; Rose v. Teeple, 16 Ind. 37; Wright v. Allen, 16 Ind. 284; Powers v. Talbot, 11 Ind. 1; Horne v. Cole, 51 N. H. 287; Mills v. Graves, 44 Ill. 50; Vanderpool v. Brake, 28 Ind. 130. If the evi......
  • Mendenhall v. Banks
    • United States
    • Indiana Supreme Court
    • 6 Junio 1861

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