Tate v. Wymond

Indiana Supreme Court

Tate v. Wymond

7 Blackf. 240, 1844 Ind. LEXIS 111

CourtIndiana Supreme Court

DecidedNovember 25, 1844

StatusPublished

Cited by10 cases

This text of 7 Blackf. 240 (Tate v. Wymond) 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

Tate v. Wymond, 7 Blackf. 240, 1844 Ind. LEXIS 111 (Ind. 1844).

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Opinion

A SPECIALTY creditor madé a parol agreement with his principal debtor on the day the debt became due, without the surety’s consent, to give him (the principal debtor) the further time of one year for payment; and the time was given accordingly. Held, in an action of debt against the surety, that these facts were no defence to the suit. Davey v. Prendergrass, 5 B. & Ald. 187.

[241]*241In debt on a specialty, the plea of nil debet, though bad on general demurrer, is not a nüllity ; and a finaFjudgment for the plaintiff in such suit, there being a plea of nil debet unanswered, is erroneous.

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A SPECIALTY creditor madé a parol agreement with his principal debtor on the day the debt became due, without the surety’s consent, to give him (the principal debtor) the further time of one year for payment; and the time was given accordingly. Held, in an action of debt against the surety, that these facts were no defence to the suit. Davey v. Prendergrass, 5 B. & Ald. 187.

[241]*241In debt on a specialty, the plea of nil debet, though bad on general demurrer, is not a nüllity ; and a finaFjudgment for the plaintiff in such suit, there being a plea of nil debet unanswered, is erroneous.

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7 Blackf. 240, 1844 Ind. LEXIS 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tate-v-wymond-ind-1844.

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