Scott v. Perlee
Ohio Supreme Court
Error to the District Court of Hamilton county. John Perlee sued the plaintiffs upon the promissory note of which the following is a copy : “ $1,000. Fairbury, 111., Jan. 1st 1871. “ One year after date we promise to pay to the order of John Perlee one thousand dollars at ten per cent, from date. “Andrew J. Scott, “ Henderson W. Scott, “Due Jan. 1st, 1872. “Security.” The interest was paid for five years at the stipulated rate and $700 paid on the principal.
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Error to the District Court of Hamilton county. John Perlee sued the plaintiffs upon the promissory note of which the following is a copy : “ $1,000. Fairbury, 111., Jan. 1st 1871. “ One year after date we promise to pay to the order of John Perlee one thousand dollars at ten per cent, from date. “Andrew J. Scott, “ Henderson W. Scott, “Due Jan. 1st, 1872. “Security.” The interest was paid for five years at the stipulated rate and $700 paid on the principal. The petition claims there is a balance due-of $300, with ten per cent, interest from January 1, 1876, and interest at six per cent, on…
1Opinion of the CourtDoyle, J.
The findings and judgment of the court, where a case is tried without the intervention of a jury, will not be disturbed by this court, unless such findings and judgment are clearly against the weight of the evidence In the present case, the testimony, beyond what appears upon the face of the note, consists solely of that given by the two parties, Scott and Perlee. Which of them was to be believed, was a matter properly to be determined by the court trying the case, and if the judgment can fairly be sustained upon the testimony of either, it ought not to be reversed. Landis v. Kelly, 27 Ohio…
2Cases cited12 opinions
- Pratt v. AdamsNew York Court of Chancery · 1839
- Chapman v. RobertsonNew York Court of Chancery · 1837
- Tilden v. BlairSupreme Court of the United States · 1875
- Dickinson v. . EdwardsNew York Court of Appeals · 1879
- Arnold v. PotterSupreme Court of Iowa · 1867
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