Noble County Bank v. DePew
Indiana Court of Appeals
From De Kalb Circuit Court; Dan M. Link, Judge. Action by the Noble County Bank against Frank DePew and another. From a judgment for defendants, the plaintiff appeals.
1Opinion of the CourtHottel, J.
This action was instituted by appellant to recover on a certain promissory note alleged to have been executed by appellees to the order of Whitford Brothers, and thereafter assigned and transferred to appellant by a proper indorsement in writing. Appellees’ answer, in four paragraphs, includes : (1) A general denial; (2) a plea of payment; (3) a defense that appellant is not, and never was, the bona fide owner of the note in question, and that; subsequently to its maturity, appellees paid and settled the note with one of the Whitford brothers, its real owners; and (4) a plea of estoppel based…
2Cases cited5 opinions
- Chicago & Erie Railroad v. DiniusIndiana Supreme Court · 1913
- Inland Steel Co. v. SmithIndiana Supreme Court · 1907
- Moore v. OhlIndiana Court of Appeals · 1917
- American Sheet & Tin Plate Co. v. YonanIndiana Court of Appeals · 1915
- Smith v. TothIndiana Court of Appeals · 1916
3Cited by1 opinion
- Silverstein v. Central Furniture Co., Inc.Indiana Court of Appeals · 1959