Legal Opinion

Gardner v. Benson

Indiana Court of Appeals

Decided November 20, 1917No. 9,897PublishedCited by 2 opinions

From Marion Circuit Court (25,672) ; Louis B. Ewbanlc, Judge. Action by Adelbert S. Benson, trustee, against Charles J. Gardner. From a judgment for plaintiff, the defendant appeals.

1Opinion of the CourtDausman, J.

Appellee, Adelbert S. Benson, in his capacity as trustee for a number of interested persons, instituted this action against appellant, Charles J. Gardner, to recover damages for breach of contract. Judgment against Gardner and in favor of Adelbert S. Benson, trustee. By the assignment of error Adelbert S. Benson was made a party on appeal in his individual capacity, and not in his capacity as trustee. The transcript was filed March 3, 1917, before the act entitled “An Act Concerning Civil Procedure,” Acts 1917 p. 523, became effective; and that fact alone is a sufficient reason for holding…

2Cases cited1 opinion

  1. Milburn v. CoryIndiana Supreme Court · 1915

3Cited by2 opinions

  1. Bowman v. Swartz Electric Co.Indiana Court of Appeals · 1923
  2. Rooker v. John Hancock Mutual Life InsuranceIndiana Court of Appeals · 1933

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