Loveland v. McCormick
Indiana Court of Appeals
From Benton Circuit Court; Burton B. Berry, Judge. Action by Theodore 0. Loveland and another against James McCormick and another in which defendants filed, counterclaim. From a judgment against plaintiffs and in favor of defendants on their counterclaim, the plaintiffs appeal.
1Opinion of the CourtMcMahan, J.
— The appellants began this action against appellees to recover judgment on two promissory notes each calling for $70.
The appellees filed an answer in four paragraphs. The first was a general denial; the second was an answer of 'no consideration.
The third paragraph alleged that the consideration failed, in that appellees, at and before the execution of the notes sued on, had been engaged for many years as merchants; that their gross annual sales amounted to $28,000, and that appellants warranted that, if appellees would purchase a piano from appellants, appellants would organize a scheme and…
2Cases cited1 opinion
- Duffy v. EnglandIndiana Supreme Court · 1911
3Cited by2 opinions
- Polonius v. StateIndiana Supreme Court · 1923
- Bilby v. MortonSupreme Court of Oklahoma · 1925