Loudon v. Walpole

Indiana Supreme Court

Loudon v. Walpole

1 Smith & H. 121

DecidedNovember 15, 1848

StatusPublished

This text of 1 Smith & H. 121 (Loudon v. Walpole) 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

Loudon v. Walpole, 1 Smith & H. 121 (Ind. 1848).

Pincite

Opinion

Held,

(Judge Perkins

delivering the opinion of the Court), that the note was properly admitted, it not being inconsistent with the allegations of the declaration, but that as there was no other evidence, and as the note described in the declaration was not alleged to have been made by that name and style, the mere production of the note, without further proof to identify it as the note sued upon, was not sufficient to authorise a judgment in favor of the plaintiff.

Judgment reversed, &c.

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Held,

(Judge Perkins

delivering the opinion of the Court), that the note was properly admitted, it not being inconsistent with the allegations of the declaration, but that as there was no other evidence, and as the note described in the declaration was not alleged to have been made by that name and style, the mere production of the note, without further proof to identify it as the note sued upon, was not sufficient to authorise a judgment in favor of the plaintiff.

Judgment reversed, &c.

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Bluebook (online)

1 Smith & H. 121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loudon-v-walpole-ind-1848.