Gillispie v. Fort Wayne & Southern Railroad
Cases that cite this one
3 later published cases cite this decision.
- John A. Boyd Motor Co. v. Claffey (Ind. Ct. App. 1929)
- Board of Commissioners v. Jameson (Ind. 1882)
- Gaskin v. Wells (Ind. 1860)
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
Suit upon a promissory note given for a subscription of stock in The Fort Wayne and Southern Railroad Company.
There was an answer alleging that the note had been delivered to one Jones, who was authorized to collect it, and apply the proceeds upon a debt due from the company to him.
This answer showed the beneficial interest in the note to be in Jones, and a demurrer to it should have been overruled.
There were paragraphs of fraud and failure of consideration, and one of special non est factum, too evidently insufficient in their allegations to require notice.
The judgment is reversed with costs. Cause remanded, with instructions to proceed in accordance with this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.