Legal Opinion

Elkhart Hydraulic Co. v. Turner

Indiana Supreme Court

Decided May 26, 1908No. 21,076PublishedCited by 10 opinions

From Elkhart Circuit Court; James S. Dodge, Judge. Action by Perry L. Turner, as receiver of the Indiana National Bank, of Elkhart, against the Elkhart Hydraulic Company. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtMontgomery, J.

This action was brought by appellee, as receiver of the Indiana National Bank, upon two promissory notes. Appellant answered in three paragraphs: (1) non est factum; (2) want of consideration; (3) payment; and to the affirmative answers appellee replied by general denial. A trial by jury resulted in a verdict for $7,434.08 in favor of *457appellee, upon which, after overruling appellant’s motion for a new trial, the court rendered judgment.

The overruling of appellant’s motion for a new trial is the only error assigned.

1. The notes in question were signed “Elkhart Hydraulic Co., by J. L. Brodrick,…

2Cases cited19 opinions

  1. McCullough v. MossCourt for the Trial of Impeachments and Correction of Errors · 1846
  2. People's Bank v. St. Anthony's Roman Catholic ChurchNew York Court of Appeals · 1888
  3. City Electric Street Railway Co. v. First National Exchange BankSupreme Court of Arkansas · 1896
  4. Helena National Bank v. Rocky Mountain Telegraph Co.Montana Supreme Court · 1898
  5. Craft v. South Boston RailroadMassachusetts Supreme Judicial Court · 1889

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3Cited by10 opinions

  1. Bossert v. GeisIndiana Court of Appeals · 1914
  2. Bloomingdale v. CushmanSupreme Court of Minnesota · 1916
  3. State Ex Rel. Guaranty Building & Loan Co. v. WileyIndiana Court of Appeals · 1935
  4. W. A. Flint Co. v. John v. Farwell Co.Indiana Supreme Court · 1922
  5. Blackstone Theatre Corp. v. Goldwyn Distributing Corp.Indiana Court of Appeals · 1925

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