Gossett v. Hollingsworth

Indiana Supreme Court

Gossett v. Hollingsworth

5 Blackf. 394, 1840 Ind. LEXIS 88

DecidedNovember 25, 1840

StatusPublished

This text of 5 Blackf. 394 (Gossett v. Hollingsworth) 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

Gossett v. Hollingsworth, 5 Blackf. 394, 1840 Ind. LEXIS 88 (Ind. 1840).

Pincite

Opinion

ASSUMPSIT against an administrator for money paid to the intestate. Plea, non assumpsit. The evidence was, that the plaintiff paid the intestate, a short time before his death, a certain sum of money which the latter agreed to credit on a note he held against the plaintiff; but that the payment was not indorsed on'the note at the time it was made. There was no proof that the payment had not been subsequently credited, nor was it proved that a demand had been made on the plaintiff to pay the amount again. Held, that the evidence did not sustain the action.

Free access — add to your briefcase to read the full text and ask questions with AI

ASSUMPSIT against an administrator for money paid to the intestate. Plea, non assumpsit. The evidence was, that the plaintiff paid the intestate, a short time before his death, a certain sum of money which the latter agreed to credit on a note he held against the plaintiff; but that the payment was not indorsed on'the note at the time it was made. There was no proof that the payment had not been subsequently credited, nor was it proved that a demand had been made on the plaintiff to pay the amount again. Held, that the evidence did not sustain the action.

Cite This Page — Counsel Stack

Bluebook (online)

5 Blackf. 394, 1840 Ind. LEXIS 88, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gossett-v-hollingsworth-ind-1840.