Legal Opinion

Avery Manufacturing Co. v. Emsweller

Indiana Court of Appeals

Decided June 16, 1903No. 4,445PublishedCited by 2 opinions

Prom Franklin Circuit Court; F. S. Swift, Judge. Action by the Avery Manufacturing Company against William Emsweller. From a judgment for defendant, plaintiff appeals.

1Opinion of the CourtWiley, J.

Appellant sued appellee upon two notes, and to foreclose a chattel mortgage securing their payment. Upon'issues being duly joined, the cause was tried by the court, resulting in a general finding for appellee.

Appellant’s motion for a new trial was overruled, and the correctness of this ruling is challenged by the assignment of errors.

Under the motion for a new trial, the only question that need be considered is the sufficiency of the evidence to sustain the finding.

*292The notes in suit were given as an evidence of the unpaid purchase price of an engine, separator, and threshing outfit, sold by…

2Cases cited10 opinions

  1. Stephens v. GiffordSupreme Court of Pennsylvania · 1890
  2. Bertelson v. BowerIndiana Supreme Court · 1881
  3. Lay v. NevilleCalifornia Supreme Court · 1864
  4. Gray v. . DavisNew York Court of Appeals · 1851
  5. Phillips v. Ocmulgee MillsSupreme Court of Georgia · 1876

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3Cited by2 opinions

  1. Farmers National Bank v. CoynerIndiana Court of Appeals · 1909
  2. Ax v. SchlootIndiana Court of Appeals · 1946

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