In Re Liquidation of Bourbon Banking Company

In the first appeal of this case, In re Liquidation of Bourbon Banking Company (1940), 218 Ind. 96, 30 N. E. (2d) 311, a judgment in favor of Henry M. Binkley and others was reversed with instructions to compute the amount due on the note set out in the opinion “in view of payments made and credited,” and to enter judgment for the First State Bank of Bourbon who is the appellee in this second appeal. Upon petition for rehearing the mandate was modified to grant a new trial, 218 Ind. 114, 31 N. E. (2d) 52, upon Mr. Binkley’s representation that certain additional evidence, including testimony…