Legal Opinion

Lapp v. Merchants National Bank

Indiana Court of Appeals

Decided May 15, 1919No. 9,869Published

From Marion Superior Court (104,574); IF. W. Thornton, Judge. Action by the Merchants National Bank, of Indianapolis, against John A. Lapp. From a judgment for plaintiff, the defendant appeals.

1Opinion

On Petition for Rehearing.

Nichols, P. J.

Appellant, by his counsel, having earnestly challenged the decision in this case as being contrary to the long-established rule of law, we deem it due him that in ruling upon his petition for rehearing we amplify the original opinion'.

2. 3. We again direct attention to the fact that the complaint in this case avers that the note in suit was assigned and transferred to appellee for value in due course of business and before maturity. The second paragraph of answer is an affirmative paragraph, averring fraud but failing to deny the averment of the…

2Cases cited17 opinions

  1. Ray v. BakerIndiana Supreme Court · 1905
  2. Shirk v. NeibleIndiana Supreme Court · 1901
  3. Bowen v. PollardIndiana Supreme Court · 1880
  4. Hayward v. HaywardIndiana Court of Appeals · 1917
  5. Johnson v. HarrisonIndiana Supreme Court · 1912

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