Bombolaski v. First National Bank
Indiana Court of Appeals
From Perry Circuit Court; C. W. Gooh, Judge. Action by the First National Bank of Newton, Illinois, against John Bombolaski and others. From a judgment for plaintiff, the defendants appeal.
1Opinion
On Petition for Rehearing.
Lairy, C. J.
6. Appellants in their reply brief, strongly insist that the verified second and fifth paragraphs of answer are sufficient as answers of non est facinm. Counsel direct the attention of the court to certain averments in each of these paragraphs which, if considered apart from the other averments of the pleading, would be a sufficient statement of the fact that the execution of the note was never completed by delivery.
The averments denying the delivery of the note in general terms are to be considered and construed in connection with the other averments of…
2Cases cited3 opinions
- Woollen v. WhitacreIndiana Supreme Court · 1880
- Bombolaski v. First National BankIndiana Court of Appeals · 1913
- Judy v. WarneIndiana Supreme Court · 1913