Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1844-06-20
SUPREME COURT OF INDIANA.
CASES %prrrRNrSrD AT THE NAY 4rRm 1874.
-n.A.-.L L. !. L-L.nn 81. 49,.

TuEsD.Y, May 90.
Smith T. Adii>maa. Error 10 the Wayne I. {. opinion
by judge BLAcKfoED. n. 4 ID. az eed under seal that \.
should sell and convey certain real c tate ip Il for which
the former was 10 receive a certain sum &c when there
should be made 4 the latter 4 good aud sufficient deed. Held,
that this contract meant that \. himself should execute the
deed. Held, also. that Il. $ Subsequent conseLt by paIol to
accept a deed FOR tie lot executed BY a ihiri person. aud A.
leader 81 sucn deed u Is. Odd not authorize A. IN case of
nnn-paynent 10 sue IS. on the original contract. judgment
rerersei.
Richardson & rife r Hopkins. Error TO the Noble c. c.
q. inIon by Judge DEWEY Though a declaration an slander
alleges the o~ollOquium. IN which the %slandeIous words were
uttered. 10 have been held hy The defendant with a particular
persan by name, IN The presence # other persons, the action
Will be sustained By proof Of woids lot addiessei 10 that
person Jadgmeat rerersed
Hays s cye t MfcleY & rife. Elror to the Blriholo-
new I. [. Cpiaion 1y Jud.c DrwtY. The wold~. you
hooked my geese, . aie rot aetionabe in themselves; bat
nay be rendered action. te Il spoken in refe ence 4 a thief
Of The geese actually committed, OF by an allie CATION and proof
III, the VOID hooked has a particular meaning different
fion its natural import, equivalent to stole, and hat 1t was
80 used by The defendant. judgment rere. sed.
Dorsey I Hldi3ck a al. Euor to the Floyd &C. opin-
ion by Judge SULLIVAN. l. Tie assignee Of a ,romissosy
note not ne-o iate by the lrw m~Iehlnt, cannot maintain an
action at law against a remote as>isnor, fog the want Of pii-
WY. lis remedy at law Is against his immediate cidOlsel
only.
, But in a court Of equity he may recover against a &C.
note endoisor. Equity 10 plev'nt a m~nltpliei'y Of 'uit'
wall d. Gee Hat The pelsen ultimately liable shall pay imnc-
dnley u The person entitled 10 recover the mo"e!. Jadg-
mest gerrSod.
G,esory I Logqn. Erorr to the wavnc c. c. Opinion
~ Jude SULLIVAN. !. The plea Of gH debt to an action
f,u;ded On a sealed note * bad on general demurrer.
, The statute Of irauds and pejutos does not apply TO
AZ ccTcnt> under seal.
,. \ replication OF other pleading which wodll lie good IN
general Demurrer VIII, after vcIGio, lie held Sufficient. Judy
meaf Gtmsd
Justice e al I. Gtrries. Euor 10 the Wayne c. c. 0fin-
10; hy Judge BLAoKfoRD. Debt IN a pIoinI>seIy note exc
cutct IN 1911, with interest al tn pr cent Per GaHEm
Peas, /. That the defendants bought # one b, "a CERTAIN lot
OF ground fr 1850 doll r., and executed TO hin therefor two
notes OF SOC q lllars each, W Ia interest ct six pr cent. per-
G4auIa. taking fem Il. a tend conditioned for a conveyance
fr the 1T Oh request; that b assigned the notes 10 the plain
TIT, which, at the ilairti's request, and MOI ufon any waltz
able consideration, the defendants Took up and executed he
n I, in said count mentioned, and anythcs fr -; and
that Il. had no tile t. the lot.
>. To 20 much of The interest Of the ncte suel On as ex-
cc,d> siN per ceai per danun, the defendants say hat they
cxtcuitG Two notes OF 900 dollars each at six pr cent. per
anRLrl interest. TO one Is for a certain lot Of gtouud that
&. assigned he notes 10 he plaintiff; and that ua, &c. ISL,
the d,l,nGa,is, al the plaintiffs rdque-t l., a. d not upon al
valuable cou>Iisrailon, 10 X up said notes aui executed Tie
nate sud on AID another for -. they constituting The
balance dee or the assigned notes. HID, tiat The pleas ~eie
6o Il in-uni ,.cht.
So much Of The second sect u OF the act of l>3S re-ulat-
ins interest. a allowed a higher rate of interest than Xix
per cent. per GAHGAa, WAS repealed by a section IN a .iatute
Of 1912. \ note. therefore, made after such repeat, beaiins
ihtc.,st at iEe rtc of ten per cent. per Gnngn, was held l.
be u usioD> and void, a. being a c intact Expressly pIoalt.t-
Cd by the act Of ISIS. Judgment rererSed.