41 Ind. App. 1 | Ind. Ct. App. | 1908
The jury returned a general verdict against appellants for $673.66, and judgment was rendered thereon. The court overruled appellants ’ motion for a new trial and such ruling is assigned as error.
Pay to John C. Lowe..............or order $629.24
Six hundred twenty-nine and 24-100..........Dollars, In full for Lowe- George A. "Williams.
"West settlement and $10 ■ on Graves’s account to Lowe.”
This cheek was accepted by appellee, who on the next day delivered it to the cashier of the Monticello bank referred to. The McCoy & Co.’s Bank did not open after the time said cheek was given, being insolvent, and is in liquidation.
The judgment is therefore reversed, and the cause is remanded, with instructions to sustain appellants’ motion for a new trial, and for further consistent proceedings.