Campbell's Administrator v. Hays

Indiana Supreme Court

Campbell's Administrator v. Hays

1 Smith & H. 355

DecidedNovember 15, 1849

StatusPublished

This text of 1 Smith & H. 355 (Campbell's Administrator v. Hays) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Campbell's Administrator v. Hays, 1 Smith & H. 355 (Ind. 1849).

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Opinion

Per Curiam.

— The note described in the declaration and pro[356]*356duced upon the trial, was, prima facia, evidence of a settlement at the time of its date, and the only claim distinctly proved, which could properly constitute a set-off in favor of the defendant, was one for boarding said Campbell about one year, which the witnesses stated to be worth about 100 dollars. There being no evidence to remove the presumption of settlement, the jury should not have estimated any claim of the defendant which accrued before the date of the note.”

Judgment reversed, &c.

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Per Curiam.

— The note described in the declaration and pro[356]*356duced upon the trial, was, prima facia, evidence of a settlement at the time of its date, and the only claim distinctly proved, which could properly constitute a set-off in favor of the defendant, was one for boarding said Campbell about one year, which the witnesses stated to be worth about 100 dollars. There being no evidence to remove the presumption of settlement, the jury should not have estimated any claim of the defendant which accrued before the date of the note.”

Judgment reversed, &c.

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Bluebook (online)

1 Smith & H. 355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbells-administrator-v-hays-ind-1849.