Collins v. Maghee
Indiana Supreme Court
APPEAL from the Sullivan Circuit Court. This was an action by Gillison Maghee, surviving partner of John H. Maghee & Co., against Elisha Collins, the appellant, and 3 ohn W. Collins, on the following promissory note: “ $768T* “ Six months after date we, the 'Subscribers, residing in Marco, Greene county-, Staté of Indiana, promise to pay to the order of John H. Maghee & Co., seven hundred and sixty-eight TV (Signed) “ E. & W. Oollins.”
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APPEAL from the Sullivan Circuit Court. This was an action by Gillison Maghee, surviving partner of John H. Maghee & Co., against Elisha Collins, the appellant, and 3 ohn W. Collins, on the following promissory note: “ $768T* “ Six months after date we, the 'Subscribers, residing in Marco, Greene county-, Staté of Indiana, promise to pay to the order of John H. Maghee & Co., seven hundred and sixty-eight TV (Signed) “ E. & W. Oollins.” John W. Collins, represented in the signature to the note . by “W.” Oollins, did not appear to the action. Indeed, it appears in a subsequent part of the…
1Opinion of the CourtElliott, J.
The first objection urged to the proceedings in the circuit court is, that the court erred in overruling the motion for a new trial, on the ground that the evidence does not sustain the verdict of the jury. A bill of exceptions, purporting to contain the evidence given on the trial, concludes it with the statement, “ this was all the evidence given in the case.” The evidence, thus certified, does not contain á copy of the note; nor does it appear by the evidence, or otherwise, that the note was offered or given in evidence to the jury. To entitle the appellee to recover, it was necessary,…
2Cases cited2 opinions
- Fosdick v. StarbuckIndiana Supreme Court · 1837
- King v. ConnIndiana Supreme Court · 1865
3Cited by4 opinions
- Southern Indiana Railway Co. v. Indianapolis & Louisville Railway Co.Indiana Supreme Court · 1907
- Forgey v. First National BankIndiana Supreme Court · 1879
- Adams v. SmithWyoming Supreme Court · 1903
- Second Nat. Bank of Titusville v. CaldwellDistrict Court, W.D. Pennsylvania · 1882