Welch v. Watts

Indiana Supreme Court

Welch v. Watts

9 Ind. 115

CourtIndiana Supreme Court

DecidedMay 28, 1857

StatusPublished

Cited by4 cases

This text of 9 Ind. 115 (Welch v. Watts) 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

Welch v. Watts, 9 Ind. 115 (Ind. 1857).

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Opinion

Per Curiam.

By the statute (2 R. S. p. 110, subs. 5), the Court is bound to instruct the jury, unless the parties consent to dispense with instructions.

A promissory note is, prima fade, sufficient evidence to justify the entry of judgment against the maker, in a suit on the note; and, to defeat such judgment, in such suit, the maker, defendant, must establish, to the satisfaction of the jury, a legal defense to the note. No defense, whatever, was proved in this case.

The judgment is reversed with costs. Cause remanded for a new trial.

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Per Curiam.

By the statute (2 R. S. p. 110, subs. 5), the Court is bound to instruct the jury, unless the parties consent to dispense with instructions.

A promissory note is, prima fade, sufficient evidence to justify the entry of judgment against the maker, in a suit on the note; and, to defeat such judgment, in such suit, the maker, defendant, must establish, to the satisfaction of the jury, a legal defense to the note. No defense, whatever, was proved in this case.

The judgment is reversed with costs. Cause remanded for a new trial.

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Bluebook (online)

9 Ind. 115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/welch-v-watts-ind-1857.

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