Klitzke v. Smith
Indiana Court of Appeals
Prom Pulton Circuit Court; Harry Bernetha, Judge. Suit by William H. Smith against William C. Klitzke and others. Prom a decree for plaintiff, defendants appeal.
1Opinion of the CourtRoby, J.
Appellee owned a milk station, including building and machinery, at Leiters Pord, which he sold on November 4, 1903, to Klitzke Brothers, a firm consisting of • four persons, who in payment therefor executed four promissory notes aggregating $1,200, and secured by a chattel mortgage on the equipment purchased.
1. On February 17, 1904, Smith filed his complaint on said notes, and for the foreclosure of said mortgage. Summons was issued and served on three of the Klitzkes only. On May 31, no action having been taken in the pending suit, Dowd entered into negotiations with the Klitzkes for the…
2Cases cited5 opinions
- Anderson v. HubbleIndiana Supreme Court · 1884
- McCoy v. McCoyIndiana Court of Appeals · 1903
- Fifer v. RachelsIndiana Court of Appeals · 1905
- Farmers' Bank v. OrrIndiana Court of Appeals · 1899
- Herod v. SnyderIndiana Supreme Court · 1878
3Cited by4 opinions
- Modlin v. Board of CommissionersIndiana Court of Appeals · 1913
- Jackson v. State ex rel. Board of CommissionersIndiana Supreme Court · 1924
- O'Connor v. Board of CommissionersIndiana Supreme Court · 1924
- Klitzke v. SmithIndiana Court of Appeals · 1915