Download Digest of Indiana Decisions, from the Organization of the Supreme Court, May Term, 1817, First Blackford, to the Sitting of the Supreme Court Commissi Book in PDF, ePub and Kindle
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: ...Where place of payment was fixed by contract, and time of payment was not fixed, a demand should have been made; and a resolution of board of directors, calling for payment by installments, was not a sufficient demand, where subscription to capital stock was payable in materials. Id. 10711. In a contract payable in specific articles, when place is fixed, but time is left undetermined, or when both time and place were left undetermined, a demand before suit is necessary. So when contract is to pay on demand, but on a contract to pay money, a demand is not necessarv. Frazee v. MeChord, 1-224, '48. Cf. 19-24. 10712. General railroad law requires notice, or a personal demand, 30 days before a proceeding to forfeit stock, but not to recover installments, v. R. S. '81, 3896.) Heaston v. 0. & Ft. W. R. Co., 18-275, '61. 10713. This principle applies also toturnpikes. Evans v. Southern Tump. Co., 18-101, '62. 10714. Suit on note. Answer, that note was given in consideration that plaintiff, who carried on a shop, would repair a certain machine, no time being fixed therefor, and that he had failed and refused so to do, though often requested. Held; it devolved upon detendant to place machine at plaintiff's shop, and demand repairs, before latter would be bound to act. Mountjoy v. Mullikin, 16-226, '61. 10715. Payable in work. Suit on note for $30, dated October 8, '32, and payable for value received, four months after date, " to be paid by making a bee-house." The defendant asked the court to instruct that plaintiff could not recover without proof of a demand for bee-house, before suit brought. Refused. Held; no error. Fousl v. Hannah, 1-272, '48. 10716. In action for breach of marriage promise, it is not necessary to aver a request to...
