Legal Opinion

Merchants National Bank v. McClellan

Indiana Court of Appeals

Decided April 3, 1907No. 5,856Published

From Delaware Circuit Court; Joseph G. Lejfler, Judge. Action by Harry J. McClellan, as guardian of Harvey Rhoades, a person of unsound mind, against the Merchants National Bank. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtMyers, C. J.

Action by appellee to recover money deposited in appellant bank. The complaint was in three paragraphs, to each of which a demurrer was overruled. Appellant answered in four paragraphs; the first being in denial, and to the third a demurrer was sustained. Appellee replied in two paragraphs to the second and fourth paragraphs of answer. Trial by jury and verdict for appellee, and with the general verdict the jury returned answers to interrogatories. Over appellant’s motion for judgment on the answers, and its motion for a new trial, judgment was rendered on the verdict.

*3The first paragraph…

2Cases cited14 opinions

  1. Lake Erie & Western Railroad v. HollandIndiana Supreme Court · 1903
  2. United States Saving Fund & Investment Co. v. HarrisIndiana Supreme Court · 1895
  3. Brown v. CritchellIndiana Supreme Court · 1886
  4. Palmer v. PoorIndiana Supreme Court · 1889
  5. Racer v. State ex rel. RhineIndiana Supreme Court · 1892

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