Johnson v. Britton

Indiana Supreme Court

Johnson v. Britton

23 Ind. 105

CourtIndiana Supreme Court

DecidedNovember 15, 1864

StatusPublished

Cited by11 cases

This text of 23 Ind. 105 (Johnson v. Britton) 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

Johnson v. Britton, 23 Ind. 105 (Ind. 1864).

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Opinions

Perkins, J.

We think the averments in the complaint in this case bring it within Kirk et ux. v. The Fort Wayne, etc. Company, 13 Ind. Pep. 56; Merritt v. Wells, 18 Ind. 171. The plaintiff avers that she paid the money to the defendants to pay off a certain mortgage, which they specially agreed to pay off for her, and gave the mortgage in question to secure the performance of the agreement. They [106]*106have failed to perform and should refund, etc. The form of the contract is different from that of a simple indemnity.

Per Curiam.—The judgment is affirmed, with one. per cent, damages and costs.

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Perkins, J.

We think the averments in the complaint in this case bring it within Kirk et ux. v. The Fort Wayne, etc. Company, 13 Ind. Pep. 56; Merritt v. Wells, 18 Ind. 171. The plaintiff avers that she paid the money to the defendants to pay off a certain mortgage, which they specially agreed to pay off for her, and gave the mortgage in question to secure the performance of the agreement. They [106]*106have failed to perform and should refund, etc. The form of the contract is different from that of a simple indemnity.

Per Curiam.—The judgment is affirmed, with one. per cent, damages and costs.

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23 Ind. 105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-britton-ind-1864.

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