Legal Opinion

Basey v. McKinney

Indiana Court of Appeals

Decided March 16, 1909No. 6,539PublishedCited by 1 opinion

From Jackson Circuit Court; John M. Lewis, Special Judge. Suit by Elijah Basey, as surviving partner of the firm of Cabell & Basey, against Howard McKinney and others. From a judgment for defendants, plaintiff appeals.

1Opinion of the CourtRoby, J.

This is the third appeal. McKinney v. Cabell (1900), 24 Ind. App. 676; Cabell v. McKinney (1903), 31 Ind. App. 548. The case is now to be determined upon a finding of facts upon which conclusions of law were stated for appellee.

*4231. *422In McKinney v. Cabell, supra, the answer setting up a material alteration in a chattel mortgage by inserting the *423words “in my storehouse in Bedford” was held good. The sufficiency of such answer was thereby established and became res judicata. Halstead, v. Sigler (1905), 35 Ind. App. 419.

2. The maker of the note and mortgage answered by a verified general denial.…

2Cases cited5 opinions

  1. Aultman & Co. v. ForgeyIndiana Court of Appeals · 1894
  2. Halstead v. SiglerIndiana Court of Appeals · 1905
  3. Osborn v. HallIndiana Supreme Court · 1903
  4. McKinney v. CabellIndiana Court of Appeals · 1900
  5. Cabell v. McKinneyIndiana Court of Appeals · 1903

3Cited by1 opinion

  1. Fry v. P. Bannon Sewer Pipe Co.Indiana Supreme Court · 1913

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