Indiana Supreme Court June 1, 1858 (French v. Howard)

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United States · · · 01-06-1858

Per Curiam.

Suit upon a note. Answer, setting up particular facts tending to show a failure of consideration. Reply, avoiding some of those facts by new matter, and denying the existence of others.

The Court gave the opening and close upon the trial to the plaintiff. This was right. The new matter in avoidance of the answer gave the plaintiff the affirmative.

The Court refused two instructions.

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