Legal Opinion

C. Callahan Co. v. Dahm

Indiana Court of Appeals

Decided October 26, 1921No. 11,001PublishedCited by 4 opinions

From Tippecanoe Circuit Court; James L. Caldwell, Judg Action by the C. Callahan Company against George E. Dahm and another. From a judgment for defendants, the plaintiff appeals.

1Opinion of the CourtNichols, P. J.

Action by appellant against appellee to recover the amount alleged to be due upon a certain $800 promissory note.

1. The only error presented is the action of the court in permitting a witness for appellee to give oral .testimony as to the contents and as to the description of certain bank checks, which the witness claimed showed payment on the note in suit; the objection to such testimony being that the checks themselves were the best evidence and that no diligence was shown to produce them. The note was dated September 22, 1910. Two witnesses for appellee testified that Jos. B. Callahan,…

2Cases cited4 opinions

  1. Wright v. GaffIndiana Supreme Court · 1855
  2. Ohio Thresher & Engine Co. v. HenselIndiana Court of Appeals · 1894
  3. Polk v. HaworthIndiana Court of Appeals · 1911
  4. Lumbert v. WoodardIndiana Supreme Court · 1896

3Cited by4 opinions

  1. Trusty v. RayIdaho Supreme Court · 1952
  2. Willis v. KnauthIndiana Court of Appeals · 1922
  3. Chrysler Corp. v. BolserIndiana Court of Appeals · 1936
  4. Trusty v. RayIdaho Supreme Court · 1952

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