demand claim (Indiana) · Go Syfert
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demand claim in Indiana

7 Indiana opinions name it 2 courts 1867–2020 0 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Barker v. Wingogreen
scotus · 1972 · cited in 1 Indiana opinions naming this issue, 2020–2020
1 sentence

2020Therefore, under our state constitution, a defendant’s speedy trial “demand is effectively made for him.” Id. at 184 , 102 N.E.3d. at 207; see also Barker, 407 U.S. at 524 & n.21 (citing Zehrlaut in recognizing Indiana as one of eight states to reject a demand rule).

11
Henthorne v. Legacy Healthcare, Inc.green
indctapp · 2002 · cited in 1 Indiana opinions naming this issue, 2015–2015
2 sentences

2015Retroactive Application [15] The Commission asserts indemnity agreements cannot be retroactively applied, citing Henthorne v. Legacy Healthcare, Inc., 764 N.E.2d 751, 759 (Ind.Ct.App.2002) (“the date of the negligent act causing injury is the date for deciding when an indemnitee should be held responsible to defend or indemnify after a demand or claim is made”).

2015Retroactive Application [15] The Commission asserts indemnity agreements cannot be retroactively applied, citing Henthorne v. Legacy Healthcare, Inc., 764 N.E.2d 751, 759 (Ind. Ct. App. 2002) (“the date of the negligent act causing injury is the date for deciding when an indemnitee should be held responsible to defend or indemnify after a demand or claim is made”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Zehrlaut v. State green
ind · 1951
1 sentence

2020Therefore, under our state constitution, a defendant’s speedy trial “demand is effectively made for him.” Id. at 184 , 102 N.E.3d. at 207; see also Barker, 407 U.S. at 524 & n.21 (citing Zehrlaut in recognizing Indiana as one of eight states to reject a demand rule).

12020–2020
Creech v. LaPorte Production Credit Ass'n green
indctapp · 1981
2 sentences

1983Therefore, the case at bar is distinguishable from Creech v. LaPorte, (1981) Ind.App., 419 N.E.2d 1008 , where we upheld a demand clause because the note in question provided no other specific time for payment, A note which is payable on demand, but which also provides for monthly installment payments, can properly be construed as an installment note.

1983Therefore, the case at bar is distinguishable from Creech v. LaPorte, (1981) Ind.App., 419 N.E.2d 1008 , where we upheld a demand clause because the note in question provided no other specific time for payment, A note which is payable on demand, but which also provides for monthly installment payments, can properly be construed as an installment note.

11983–1983
Corbin Deposit Bank & Trust Co. v. Mullins Enterprises, Inc. green
kyctapp · 1982
1 sentence

1983Corbin Deposit Bank and Trust Co. v. Mullins Enterprises, Inc., (1982) Ky.App., 641 S.W.2d 760 ; 11 Am.Jur.2d Bills and Notes § 168. 6 .

11983–1983
Southern Pacific R. Co. v. Stewart green
scotus · 1919
2 sentences

1982Co. v. Stewart (1919) 248 U.S. 446 , 39 S.Ct. 139 , 63 L.Ed. 350 it was held that where the bill of lading contained a provision that a demand or claim for a loss must be made in writing within ten days, the carrier did not waive such a written notice merely because it had full knowledge of the injuries sustained.

1982Co. v. Stewart (1919) 248 U.S. 446 , 39 S.Ct. 139 , 63 L.Ed. 350 it was held that where the bill of lading contained a provision that a demand or claim for a loss must be made in writing within ten days, the carrier did not waive such a written notice merely because it had full knowledge of the injuries sustained.

11982–1982
City of Evansville v. Maddox green
ind · 1940
2 sentences

1958City of Evansville v. Maddox (1940), 217 Ind. 39 , 25 N. E. 2d 321 ; State ex rel.

1958City of Evansville v. Maddox (1940), 217 Ind. 39 , 25 N. E. 2d 321 ; State ex rel.

11958–1958
Latta v. Miller neutral
ind · 1887
2 sentences

1941The settlement of any claim for the recovery of such insurance between the administrator of the insured and the appellant was governed by the provisions of § 6-912, Burns’ 1933, which read as follows: “Where any debtor of a deceased person shall be unable to pay the whole or any part of the demand or claim of such person, or is insolvent or in doubtful circumstances, or where any legal or equitable defense is alleged against such debt or claim, the executor or administrator, with the approbation of the proper circuit court, or judge thereof in vacation, may compound with such debtor, and give

1941The settlement of any claim for the recovery of such insurance between the administrator of the insured and the appellant was governed by the provisions of § 6-912, Burns’ 1933, which read as follows: “Where any debtor of a deceased person shall be unable to pay the whole or any part of the demand or claim of such person, or is insolvent or in doubtful circumstances, or where any legal or equitable defense is alleged against such debt or claim, the executor or administrator, with the approbation of the proper circuit court, or judge thereof in vacation, may compound with such debtor, and give

11941–1941
McCleary v. Chipman neutral
indctapp · 1903
2 sentences

1941The settlement of any claim for the recovery of such insurance between the administrator of the insured and the appellant was governed by the provisions of § 6-912, Burns’ 1933, which read as follows: “Where any debtor of a deceased person shall be unable to pay the whole or any part of the demand or claim of such person, or is insolvent or in doubtful circumstances, or where any legal or equitable defense is alleged against such debt or claim, the executor or administrator, with the approbation of the proper circuit court, or judge thereof in vacation, may compound with such debtor, and give

1941The settlement of any claim for the recovery of such insurance between the administrator of the insured and the appellant was governed by the provisions of § 6-912, Burns’ 1933, which read as follows: “Where any debtor of a deceased person shall be unable to pay the whole or any part of the demand or claim of such person, or is insolvent or in doubtful circumstances, or where any legal or equitable defense is alleged against such debt or claim, the executor or administrator, with the approbation of the proper circuit court, or judge thereof in vacation, may compound with such debtor, and give

11941–1941
Ellwood v. Monk neutral
nysupct · 1830
1 sentence

1867In Ellwood v. Monk, 5 Wend. 235 , the defendant, Jacob Monk, in consideration of property delivered to him by Johannes Monk, undertook and promised to pay and discharge, among the claims of other creditors, the demand and claim of the said Ellwood against the said Johannes.

11867–1867

Where else courts name it

DE 79 (1982–2026) TX 60 (1958–2025) NY 58 (1876–2026) CA 57 (1899–2025) IL 36 (1882–2024) NC 29 (1918–2026) LA 21 (1901–2025) MD 21 (1973–2025) MA 18 (1973–2025) MI 15 (1930–2018) IA 14 (1973–2026) AL 14 (1880–2011) PA 13 (1924–2025) FL 12 (1915–2022) OK 11 (1913–2026) OH 10 (1885–2017) GA 10 (1907–2025) ID 10 (1998–2026) NJ 9 (1935–2013) DC 9 (1979–2017) CT 8 (1895–2013) MO 8 (1910–2012) MS 8 (1947–2015) NV 7 (2006–2020) NM 7 (1922–1999) IN 7 (1867–2020) TN 7 (1926–2022) SC 6 (1978–2018) KS 6 (1900–1974) HI 6 (1953–2007) OR 5 (1938–2022) VA 5 (1834–2016) WY 5 (1935–2020) MT 4 (1894–1979) CO 4 (1971–2007) ND 4 (1974–2017) AZ 4 (1994–2015) RI 4 (1902–2005) AK 3 (1977–2003) WA 3 (1924–2018) NE 3 (1967–2014) AR 2 (2023–2024) WI 2 (1975–2021) MN 2 (1961–1984) UT 2 (2007–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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