Indiana Supreme Court, 1844

Tate v. Wymond

Indiana Supreme Court · Decided November 25, 1844

7 Blackf. 240; 1844 Ind. LEXIS 111

Cases that cite this one

8 later published cases cite this decision.

Alexander v. Capitol Lumber Co. (Ind. 1914)
Wittmer v. Ellison (Ill. 1874)
Hayes v. Wells (Md. 1871)
Paine v. Voorhees (Wis. 1870)
Dickerson v. Board of Commissioners (Ind. 1855)
Kirkpatrick v. State ex rel. Kirkpatrick (Ind. 1852)
Parish v. State ex rel. McFadden (Ind. 1851)
Carr v. Howard (Ind. 1846)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

A SPECIALTY creditor madé a parol agreement with his principal debtor on the day the debt became due, without the surety’s consent, to give him (the principal debtor) the further time of one year for payment; and the time was given accordingly. Held, in an action of debt against the surety, that these facts were no defence to the suit. Davey v. Prendergrass, 5 B. & Ald. 187.

*241In debt on a specialty, the plea of nil debet, though bad on general demurrer, is not a nüllity ; and a finaFjudgment for the plaintiff in such suit, there being a plea of nil debet unanswered, is erroneous.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.