Legal Opinion

Burk v. Matthews Glass Co.

Indiana Court of Appeals

Decided April 25, 1907No. 5,804PublishedCited by 4 opinions

Prom Wabash Circuit Court; A. H. Plummer, Judge. Action by the Matthews Glass Company against Benjamin P. Burk. Prom a judgment for plaintiff, defendant appeals.

1Opinion of the CourtMyers, C. J.

Appellee sued to recover a balance claimed to be due for glass sold and delivered to appellant. The complaint was in two paragraphs; the first on account, and the second upon a written contract. The issues were closed by an answer and reply. Trial by the court. Finding and judgment in favor of appellee.

*82Appellant assigns as error the overruling of his motion for a new trial, and in support thereof urges the following reasons : That the amount of recovery is too large, that the decision of the court is not sustained by sufficient evidence, and is contrary to law, and because of newly-discovered…

2Cases cited8 opinions

  1. Cincinnati, Hamilton & Indianapolis Railroad v. MaddenIndiana Supreme Court · 1893
  2. Pitzer v. Indianapolis, Peru & Chicago Railway Co.Indiana Supreme Court · 1881
  3. Lillard v. StateIndiana Supreme Court · 1898
  4. Elkhart Paper Co. v. FulkersonIndiana Court of Appeals · 1905
  5. Hotsenpiller v. StateIndiana Supreme Court · 1896

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Ilo Oil Co. v. Indiana Natural Gas & Oil Co.Indiana Supreme Court · 1910
  2. Riedman v. MacHtIndiana Court of Appeals · 1932
  3. Central Indiana Railway Co. v. SmithIndiana Court of Appeals · 1908
  4. Kirk Co. v. Cadick, Rec.Indiana Court of Appeals · 1935

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