Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1851-12-11

grantor, without any profit the buyer, is good con-
sderaton. So the simple parting with rignt wmcn
own and which he has she right to fix price upon
must be good consideration.
The doctrine of failure of consideration rests as
general rule on the doctrines of fraud and warranty
Without these the buyer acts on his own and
if a jury were permitted to substitute their
Judgment for his all special contracts would DC zone
away with The class of known in law as uncon
sconable are regarded as fraudulent on their lace
Judgment reversed SC.
Putt u.s. Miller Appeal from the Franklin c. C.
Assumpst by Miller against Putt, for money had and
received General issue pleaded trial and verdict and
judgment for Miller.
In 1850 reward was offered by the county of Frank
lin of 5000 for the apprehension and delivery TO the Sher
if of said county Of Emsweller, who was charged
with the crime OF murder Miller pursued nm, arrested
him at New Orleans and brought him back near to the
county seat of Franklin, where Emsweler managed TO
make his escape His wife was then living with one
Mrs Stue, and expecting he would go there the night
of his escape Miller watched the house. As he did not
appear on the morning Saturday Miller went to
Putt related him all the circumstances, solicited his
aid retake him, stating that if he would retake him
and let him know, he would pay him well Tor It. 10
this Putt agreed when Miller gave him pistol to pro-
tect himself On Saturday night Emsweller came to
Mrs Stuttle's, where Putt arrested HIM on Sunday
morning. delivered him the Sheriff and received the
reward This suit was brought to recover the reward
Judge PERKINS held,
l. That after having received information of the cir
of the escape OF the place where Emsweler
was likely to be found and agreed assist in arresting
him and 10 inform Miller if he succeeded he became
the agent of Miller, and did arrest him on his own
account
2 That il was not necessary to make demand on
Putt for the money by him received before this suit
brought for although in general it is necessary to make
demand of agent who receives the money OF his prln
cipa in the of his agency yet Putt did not
ceive the reward such agent, but rather wrong
doer. Without plea notice oil sett OIL and proof as
to the compensation Putt receive the jury could
not allow any.
| hat II in he To luse
witness to be asked by the defendant for the purpose
of impeacbng his testimony, whether he had not stated
it his opinion that Putt entitled the reward,
for such opinion immateral matter.
a. That it not in the circuit court to refuse
the defendant to make proof that he had agreed with
Mrs. Emsweer to give her 100 dollars OF the reward,
and to Emsweller himself 30 dollars oil IT, she would
inform him when Emsweler came to Mrs. Stuttle's
because such contract, il il could bind Putt,
unauthorized by Miller, and, BESIDES there no eyi.
dence offered to show that Putt had paid the money.
8. That convicted oil petit larceny is not
dered incompetent as a witness
| Judgment affirmed.
Rundle's executor al. Jones. Error to the AL
len c. C.
Montgomery sued Jones in an action Of SANDER, oh.
tanned verdict against him for $780, and a motion was
made by the defendant for trial, which the court
took under Amusement till the next term In vacation
the plaintiff died and the record of the succeeding term
comes the said defendant and suggests the
death of said Montgomery since the last term" &c..
and by consent of the attorneys of record $500 of the
that term in favor of the plaintiff.
The executor and executrix OF said Montgomery
brought the case to the supreme court and assigned as
error that the Judgment should have been rendered for
$780, and of the at which the verdict
dered To this assignment the defendant pleaded In
Rulio est erratum"
Objection was made TO the sufciency Of the assign.
ment of error, because it did not the death Of
Montgomery and the representative character Of the
plaintiffs
! Judge PERKINS held
L. That by common law a writ OF is regarded
as a new suit and obtained a matter Of right. Pc
tiers. vol p. g. Is; that person who in his
preventative character must spread the record mat
ter which will make him prvy to the suit that in ouI
practice the writ is usually dispensed with, and the
assigned the transcript and in the nature Of
declaration. Id 80 Tidd. title Error but that the
general issue in this admitted the representative
character of the plaintiffs, 5 Blackiord 40.
2. That if Montgomery was dead, his attorney had
power remit any portion of the verdict, his prey
Gus power being revoked by that event, Kent 646.
g. That the judgment ought to have been entered as
of the previous term during his life but that the tran
script in this does show that the judgment
not rendered in his lifetime for the suggestion oil
the defendant without being admitted by the opposite
party proven by affidavit otherwise does not show
it, does the admission Of the representative charac-
ter of the plaintiffs prove that Montgomery deceas-
ed at the time Of the rendition Of the Judgment.
Judgment affirmed.
Forkrer & Wright u.s. Dinwiddie. Error to the
Wayne G. Court.
This suit commenced in the of Forkner &
Wright, note payable to them. The defendant
pleaded that Wright had interest in the note but that
the suit for the and benefit of Forkner alone
that at the time it brought Forkner and still is
indebted to the defendant in the Of &c. Appeal TO
the circuit court when the plaintiffs moved that the plea
be set aside, which motion the court overruled
Judge PERKINS held That by the Revised Statutes the
defendant ay set off any demand against the person for
whose and benefit the action is brought that the fact
of this suit being instituted for the benefit Of Forkner
alone should appear upon the record and hs omission
show it, ought preclude the defendant from plead
ing and proving that fact.
Judgment affirmed.
Atkinson Bxler. Upon review of the testimony
in this the court could not say that the circuit court
erred in its calculations The proof justified the DANA
| Decree affirmed with