Mutual Trust & Deposit Co. v. Travelers Protective Ass'n
Indiana Court of Appeals
From Clark Circuit Court; Harry C. Montgomery, Judge. Action by The Mutual Trust and Deposit Company, as guardian of Carl F. Martin, against the Travelers Protective Association of America. From a judgment for defendant, the plaintiff appeals.
1Dissent
Dissenting Opinion.
Shea, P. J.
On reexamination of the questions presented by this appeal, a majority of the court has reached the conclusion that a rehearing should be granted and that the judgment of the lower court should be reversed.
I am unable to agree with the majority opinion in this ease. The lower court held that there was an irreconcilable conflict between the general verdict and the answers of the jury to the interrogatories submitted. This is the sole question presented to this court. There are many citations of authority in the opinion of the court which state the law correctly as…
2Cases cited11 opinions
- United States v. RossSupreme Court of the United States · 1876
- Ruppert v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1897
- Asbach v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1888
- Smith v. First National BankMassachusetts Supreme Judicial Court · 1868
- Neal v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1905
6 more not listed; retrieve them via the Exa API.