Indiana Supreme Court, 1850

Britzell v. Fryberger

Indiana Supreme Court · Decided May 15, 1850

2 Ind. 176

Cases that cite this one

4 later published cases cite this decision.

Reddick v. Keesling (Ind. 1891)
Hendricks v. Frank (Ind. 1882)
Miller v. Billingsly (Ind. 1873)
Bird v. Lanius (Ind. 1856)

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

THIS was an action of assumpsit brought by the plaintiffs in error. Two counts; one special, the other for money had and received. Special plea in bar to the *177whole declaration, averring that the demand in the second count is the same with that specified in the first. Demurrer to the plea, and judgment for the defendant. Held, that the first count is bad, as it shows that the consideration for the promise moved from a stranger. Farlow v. Kemp, 7 Blackf. 544. The plaintiff, by demurring to the plea, which avers the cause of action in the second count to be the same with that specified in the first, admits that averment to be true. McGillicuddy v. Forsythe, 5 Blackf. 435. This judgment for the defendant is therefore right.

C. H. Test, for the plaintiff. S. W. Parker, for the defendant.

The judgment is affirmed with costs.

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