Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1844-06-13

CASES DETERMINED AT THE NAY TERM iS4i-
Reported for TIE Indiana STATE seTf'Sd)
WEDNESDAY. Nav %.

WEpSEsD,y. MAY %.
Bennet r. Jones c, a. Error TO the Union c c. Opinion
circuit court on a Justices transcript. The wit alleged the
recovery If a judgment by the plaintiff against the def nd.
ing of a feri fgcids on the judgment, and the return Of the
execution nuf a bona Ii stated, also. that the justice after
ads filed m the circuit conrf a certified transcript Of the
judgment and proceedings, and nat the transcript was hl.d
and recorded IN hat court. He'd, that tie avermeni, that
The tlanscII.t had been recorded. was inmaierI'l. and hat a
plea denying that the transcript had teen filed and recorded
was Therefore tad. The plea Should only have deuied 50
filed.
oonstabe> fotu. n I'll nuuG bona.
If the transcript Of the il tee. in such case state, that the
WIT. ~ spch suit. was te' urued By The cons able a. scu ed
on ,he defend mt. that statement l., 1t all eyen's Primr tacie
evidence of the due service Of the wat. Judgaraf gGTmed
Gro70aT Z. Drnifs. Error TO the Allen c. c Opinion
by Judge nIACkToRD 4 dechiation m tssnaS> ion cuffit .
d'wn and eau,uE away the plaintiffs uoes l. sood without
an aVormont that The close belonged 10 the piasni.
\ license. ia such case. cannot be gwen IT. evidence under
The general Is-ue. bur must be specially pleaded.
II The cou4t charge he jIy eroneou y bat afterwards
correct the mistake by giving a legal charge On the subject,
there 4 M effoI. J4fsmeHt affirmed.
safe Baak e.. Easmfager. Error u the Tipecanoe c. C..
Opinion 10y JUICE DFwEY. An action for money hal and re-
ceited wdi lie 10 recover the excess Of interest paid on a
u>uuouS contract.
Ii The Bank discounts fr a person. tie joy has a right TO
infer. that pror notes disc united fs the same pc son. and
g. 'oie before the time of the last discount, had been pew
ously paid.
Tie COY Of b ok kept by the hank showing the tenn,
on whHh dFc ant, wee made, and showing the discounts
E' hEE 49, 49, IL - t. e WI
dence m IN action ty that pcIscn ~ inst the bank to Ieco,-
er back the u,"iy, the original not being produced OF notice,
and a clerk # the bank ~ho made and delivered the copy.
sweat Z II was made ~ a co Y. though owing to his hurry
he could Mt te certain OF IT. accuracy
II the bank IN disc uniting notes, IN addition 10 legal inter-
est, charge and receive ~eTchqnge. whore there is no netcnce
for changing exchange, II II usury.
The defendant having. together with tho general issue.
pleaded The statute 81 limitations IN an ar ION for money had
aud received, after the cause had made some progress be- foe
a jury The ptttes, by consent, Withdrew 1t from The juy,
and submitted the cause t. the court under an asIc, nenf.
that the only issue should he whether tho 5.f.n4,, b.a 20
ceIved u>uiIous interest from The plaintiff, aud how much
Tins was a waiver Of the plea If the statute of limitations
Judgment affirmed.
The P'es'deaf and Trustees # ConnersriHe Z. WIadieigh
Error 10 the Fatctie {. {. Opinion BY Judge DEWEY. In
an action for the price Of goods sod and warranted. fraud IN /
the sale L a good defence, un.er the general issue, though
there may have been no violation Of the warranty.
a wIliul and fake representation made by the .cller Of a
hie engine that IT vas good As a certain othei designated en-
ginc, Is not fraud in law ON the buyer. if fhe LATER was not
deceived and mIsled by The untrue statement.
A warranty that a fire engine ,old and delivered. would
work and pc form as well and eflectuany Is any oIber ~
gInc IN TIE wester" country, IS not violated ~ The iufeIiori-
~ 81 The warranted machine t. others much Ia ger and more
cos'ly, provided such infeiioiity be plain and visible to COM
observation.
II one panty to a suit give notice that he will take deposit
IL ~ abroad before a cert in Justice, at a time and place spe-
cihed; and the other party give notre thai he viii take de
positions before the same justice, AT the anne tune aud place,
and both laite> attend and take der o>iti us ace. rinsly .
was not gwen. umr IN such case, i the want of a ded-
on the pat # the rarty who gave the last notice, a Ia
tai objection 10 his deposition. Judgment affirmed.
Uaipoie T. Copper. Error 10 the Hancock {. {. Opinion
10y Judge SULLIVAN. \ plea that . relevant. and APPARENT
Is 20 d upon Ms face. cannot he set aside on The anfi.vit of
the painful, that u IS talse and NeXati ~. Alter, II IT ap-
pears GA It's lace t. be a sham plea. J.dgm,nt rercrscR.
HeaSfo1 q a. =. FufgbefR. Appeal fton The Rand lph c.
[. opnion b, Judge SULLIVAN. In a mt action on = con-
against TWO o. moIc defendants. a Judgment cannot be
taken against pat onl, of The defendants, unless the . be a
return Of not found * TO III - embraced M the Judgment.
ane a suggestion 10 that elect up II the record. J4dgmeaf
,eroSed. /