Legal Opinion · Dissent

Vierling v. Leich

Indiana Court of Appeals

Decided May 27, 1902No. 3,595Published

Erom Vanderburgh. Superior Court; J. H. Foster, Judge. Action by Peter Yierling against Charles Leich for an accounting. Erom a judgment for defendant, plaintiff appeals.

1Dissent

Dissenting Opinion.

Comstock, J.

The appellant, in this action, seeks to recover money collected by appellee of the accounts of two firms, of which appellant and appellee were partners, which appellee collected since the dissolution and settlement had between them. At the time of the dissolution and settlement the statement was made by appellee, to appellant, of the amount due him. Believing such statement to be true, he executed to appellee a receipt in full, which is set out in the complaint. Appellee admitted at the time of said settlement that appellant was entitled to the one-fourth…

2Cases cited9 opinions

  1. Fischli v. FischliIndiana Supreme Court · 1825
  2. Schell v. . PlumbNew York Court of Appeals · 1874
  3. Lewis v. Atlas Mutual Life InsuranceSupreme Court of Missouri · 1876
  4. Jones v. VertIndiana Supreme Court · 1889
  5. Kitts v. WillsonIndiana Supreme Court · 1894

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