Legal Opinion

Citizens National Bank v. Gillett

Indiana Court of Appeals

Decided October 10, 1919No. 9,860Published

■ From Spencer Circuit Court; Emory L. Boyd, Special Judge. Action by Grace L. Gillett against the Citizens •National Bank. From a judgment for plaintiff, the defendant appeals.

1Opinion of the Court

' McMahan, J.

— This action was brought by appellee against appellant to cancel a certain promissory ■note and mortgage given to secure the same.

The appellant filed a cross-complaint asking a-judgment for the amount due on the note in question, and for the foreclosure of said mortgage. ■ The note in question called for $4,500, was dated December 10, 1909, payable to the order of the appellant thirty *156days after date, and is the same note that was in controversy in the case of Gillett v. Bank (1914), 56 Ind. App. 694, 104 N. E. 775, where the facts connected with its execution are substantially…

2Cases cited6 opinions

  1. Board of Commissioners v. BonebrakeIndiana Supreme Court · 1896
  2. Hawley v. SmithIndiana Supreme Court · 1873
  3. Alerding v. AllisonIndiana Supreme Court · 1908
  4. Westfall v. WaitIndiana Supreme Court · 1905
  5. James v. Lake Erie & Western Railway Co.Indiana Supreme Court · 1897

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