Legal Opinion

Hartwell Bros. v. William E. Peck & Co.

Indiana Supreme Court

Decided October 13, 1904No. 20,422PublishedCited by 12 opinions

From Knox Circuit Court; O. H. Cobb, Judge. Action by William E. Peek & Co., a corporation, against Hartwell Brothers, a corporation. From a judgment for plaintiff, the defendant appeals. Transferred from the Appellate Court under §1337u Burns 1901.

1Opinion of the CourtMonks, J.

This action was brought by appellee, a corporation, against appellant, a corporation, to recover a balance alleged to be due on a written contract. A trial by the court resulted in a finding and judgment in favor of the appellee for $131.25.

The error assigned and not waived calls in question the action of the court in overruling appellant’s motion for a new trial.

One of the causes assigned for a new trial is “that the decision of the court is not sustained by sufficient evidence.” Appellant insists that “the decision of the court is not sustained by sufficient evidence because there is an…

2Cases cited4 opinions

  1. Latshaw v. State ex rel. LatshawIndiana Supreme Court · 1901
  2. Krewson v. CloudIndiana Supreme Court · 1873
  3. Steinke v. BentleyIndiana Court of Appeals · 1893
  4. Allen v. HollingsheadIndiana Supreme Court · 1900

3Cited by12 opinions

  1. M. S. Huey Co. v. JohnstonIndiana Supreme Court · 1905
  2. Baltimore & Ohio Southwestern Railroad v. SlaughterIndiana Supreme Court · 1906
  3. Mount v. Board of CommissionersIndiana Supreme Court · 1907
  4. Freas v. CusterIndiana Supreme Court · 1929
  5. Lake Erie & Western Railroad v. FordIndiana Supreme Court · 1906

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