Odam v. Beard

Indiana Supreme Court

Odam v. Beard

1 Blackf. 191, 1822 Ind. LEXIS 19

CourtIndiana Supreme Court

DecidedMay 20, 1822

StatusPublished

Cited by14 cases

This text of 1 Blackf. 191 (Odam v. Beard) 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

Odam v. Beard, 1 Blackf. 191, 1822 Ind. LEXIS 19 (Ind. 1822).

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AN assignee against an assignor of a sealed note. Assignment as follows: — “For value received, I do hereby assign all my right to the within note to Jesse Beard, Feb. 20, 1820. — David Odam.”' The plaintiff had previously sued the maker, who proved to be insolvent. Held, that parol evidence was inadmissible to show that the assignment was without recourse (1).

Held, also, Holman J. dissentiente, that if the maker was solvent at the term when the assignee might have obtained judg[192]*192ment against him but for a defect in the declaration, and if that defect occasioned a continuance whereby the plaintiff failed to obtain the money, from the maker, the assignor was not liable.

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AN assignee against an assignor of a sealed note. Assignment as follows: — “For value received, I do hereby assign all my right to the within note to Jesse Beard, Feb. 20, 1820. — David Odam.”' The plaintiff had previously sued the maker, who proved to be insolvent. Held, that parol evidence was inadmissible to show that the assignment was without recourse (1).

Held, also, Holman J. dissentiente, that if the maker was solvent at the term when the assignee might have obtained judg[192]*192ment against him but for a defect in the declaration, and if that defect occasioned a continuance whereby the plaintiff failed to obtain the money, from the maker, the assignor was not liable.

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1 Blackf. 191, 1822 Ind. LEXIS 19, Counsel Stack Legal Research, https://law.counselstack.com/opinion/odam-v-beard-ind-1822.

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