Indiana Supreme Court, 1870

Heeg v. Weigand

Indiana Supreme Court · Decided July 1, 1870 · Ray

33 Ind. 289

Cases that cite this one

6 later published cases cite this decision.

Westacott v. Handley (Minn. 1910)
Meeker v. Shanks (Ind. 1887)
Johnston v. May (Ind. 1881)
Kusler v. Crofoot (Ind. 1881)
Jeffries v. Lamb (Ind. 1881)
Jeffries v. Lamb (Ind. 1880)

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

Ray, J.

The first and second paragraphs of the answer were good. There was no delivery of the note according' to the terms of the contract. There was no consideration to support the instrument. Armstrong v. Cook, 30 Ind. 22.

The second and third paragraphs of the reply -were each sufficient. By the averments, the new note was given to Roberts, the creditor; it became, therefore, by operation of law, an -additional secui'ity in his hands, and the sure*292ties for whose benefit it was intended, having paid the debt of their principal, were entitled to the advantages of all' his (securities.

T. B. Adams and F. Berry, for appellants. H. C. Hanna and F. S. Swift, for appellees.

The judgment on demurrer should have held the reply good.

Judgment l’eversed, with costs.

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