Fink v. Maples
Indiana Supreme Court
Fink v. Maples, 15 Ind. 297 (Ind. 1860)
1860 Ind. LEXIS 412
Fink v. Maples
Opinion of the Court
Suit upon a note, for a certain sum of money, a part of which might be paid in a specific article, within twenty days.
The note was assigned, and the suit was by the assignee.
We are inclined to regard the instrument as a promissory note, assignable by the statute.
The defendant demurred for defect of parties, but did not specify in hjs demurrer what party was omitted, or improperly added.
A plea in abatement must specify the party omitted, thus giving a better writ. In this case there was no defect of .parties.
The judgment is affirmed, with 10 per cent, damages and costs.
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