Indiana Trust Co. v. Byram
Indiana Court of Appeals
From Marion Circuit Court (7,845) ; Henry G. Allen, Judge. Action by Sopbronia A. Byram against tbe Indiana Trust Company as executor of tbe will of Forman S. Byram, deceased. From a judgment for plaintiff, defendant appeals.
1Dissent
Dissenting Opinion.
Wiley, J.
I am unable to agree with my associates either in the conclusion reached in the majority opinion, or in the reasoning leading thereto, and owing to the importance of the question involved, I have concluded to express my views in a dissenting opinion. The facts upon which the decision of the questions involved must rest are fairly and fully stated in the majority opinion, and need not be repeated here.
To entitle appellee to a recovery, it must affirmatively appear from the facts specially found that the note in con*16troversy was in fact delivered. I do not need to…
2Cases cited26 opinions
- Galpin v. PageSupreme Court of the United States · 1874
- City of Indianapolis v. KingsburyIndiana Supreme Court · 1884
- In Re the Judicial Settlement of the Account of CrawfordNew York Court of Appeals · 1889
- McFarland v. SikesSupreme Court of Connecticut · 1886
- Clark v. SigourneySupreme Court of Connecticut · 1846
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