McCormick v. Higgins
Indiana Court of Appeals
From Hancock Circuit Court; Thomas J. Cofer, Special Judge. Action by William Higgins as administrator of the estate of Michael Higgins, deceased, against Amos D. McCormick and another. From a judgment for plaintiff, defendants appeal.
1Opinion of the CourtRoby, C. J.
Suit on a promissory note. Answer, non est factum in terms as follows: “Amos D. McCormick, defendant in the above cause, being first duly sworn, upon his oath says, for his separate answer herein, that he did not sign ox execute the note in suit, and that he did not authorize any other person to sign or execute the same for him. Wherefore, he demands judgment for costs.” Trial by jury.' The court gave an instruction in terms as follows: “It is incumbent upon the plaintiff to prove, by a fair preponderance of the evidence, all the material allegations of his complaint, and it is incumbent upon…
2Cases cited4 opinions
- Whitesides v. HuntIndiana Supreme Court · 1884
- Evans v. Southern Turnpike Co.Indiana Supreme Court · 1862
- Cunningham v. HoffIndiana Supreme Court · 1889
- Young v. BakerIndiana Court of Appeals · 1902