Marion Manufacturing Co. v. Harding

— Appellant unsuccessfully sought-to recover on iiotes and to foreclose a chattel mortgage executed hy appellee. The assignments are that the court erred (1) in overruling the demurrer to the answer, (2) in stating conclusions of law on the special findings of fact, (3) in setting aside its judgment and making additional findings of fact, and (4) in overruling the motion for a new trial.

The answer admits the execution of the notes and mortgage. In avoidance of appellant’s right of recovery, appellee set up the following facts: The notes and mortgage were executed on June 16, 1896, to evidence…