Toner v. Wagner
Indiana Supreme Court
From Marshall Circuit Court; C. P. Drummond, Special Judge. Action on note by Prank L. Wagner, administrator of the estate of Jane Brunk, deceased, against Edward Toner and another. Prom a judgment for plaintiff, defendants appeal. Transferred from the Appellate Court, under §1837u Burns 1901.
1Opinion of the CourtDowling, J.
The appellee, as administrator of the estate of Jane Brunk, deceased, sued the appellants Edward Toner and Albert D. Toner, Sr., upon a promissory not© for $1,998.88, dated October 10, 1887, and payable one year thereafter to the said Jane Brunk. The action was brought in the Fulton Circuit Court, and the venue was subsequently changed to Marshall county. A demurrer to the complaint was overruled, and an answer filed consisting of a plea of payment and a general denial. A reply in denial of the answer of payment was filed. The cause was tried by the *449court, and a finding made in favor of the…
2Cases cited13 opinions
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