Bell v. Nimmo

U.S. Circuit Court for the District of Indiana

Bell v. Nimmo

3 F. Cas. 110, 5 McLean 109

CourtU.S. Circuit Court for the District of Indiana

DecidedMay 15, 1850

StatusPublished

This text of 3 F. Cas. 110 (Bell v. Nimmo) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bell v. Nimmo, 3 F. Cas. 110, 5 McLean 109 (circtdin 1850).

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Opinion

OPINION OF

THE COURT.

This is an action of debt for eight hundred and forty-three dollars. The defendants pleaded that the obligee represented to them, that he had a requisition on them from the governor of Ohio to the governor of Indiana, to surrender them to answer a charge of larceny in Ohio, which was false, but in consequence of which representation, the bond was given on which this action was brought, to settle the same and for no other consideration. That it was fraudulently obtained, &c. To which plea there was a demurrer.

In Indiana, bonds are made assignable by statute, but the obligor may set up any defense which he had against the obligee. The demurrer admits the fraud alleged in the plea, it is sustained. [Demurrer overruled.]

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OPINION OF

THE COURT.

This is an action of debt for eight hundred and forty-three dollars. The defendants pleaded that the obligee represented to them, that he had a requisition on them from the governor of Ohio to the governor of Indiana, to surrender them to answer a charge of larceny in Ohio, which was false, but in consequence of which representation, the bond was given on which this action was brought, to settle the same and for no other consideration. That it was fraudulently obtained, &c. To which plea there was a demurrer.

In Indiana, bonds are made assignable by statute, but the obligor may set up any defense which he had against the obligee. The demurrer admits the fraud alleged in the plea, it is sustained. [Demurrer overruled.]

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Bluebook (online)

3 F. Cas. 110, 5 McLean 109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bell-v-nimmo-circtdin-1850.