Goebel & Wetterau v. Montgomery & Co.

This case was tried by the court without a jury. Bo propositions of law were presented to the court by either party. Therefore the only question before us, and in fact, the only question argued by counsel, is whether or not the evidence is sufficient to sustain the findings and judgment of the court.

The case was commenced by a writ of attachment sued out by appellants against Montgomery & Co., who were indebted to appellants for merchandise sold and delivered. Three grounds of attachment were stated in the affidavit. One ground only was insisted upon, however, and that was that Montgomery &…