36 Ind. App. 310 | Ind. Ct. App. | 1905
Appellee sued appellants for the sum of $284 and interest for work and labor done at their instance and request. A bill of particulars was filed with the complaint. Appellants answered by a general denial. Defendant Isaac L. George for answer alleged that after the plaintiff’s cause of action accrued, and before action was brought, said defendant delivered to plaintiff, and plaintiff received in full satisfaction of said cause of action, said defendant’s promissory bank note. To said-paragraph of answer plaintiff replied, admitting the delivery of said note, but alleging that he was induced to accept the same by reason of false and fraudulent representations made to him by said Isaac L. George, which representations are particularly set out in the reply; that said Mrs. Isaac L. George was a party to said fraudulent representations, and connived with her husband to cheat and defraud the plaintiff out of his claim; that said Isaac L. George at the time and ever since has been wholly insolvent; that plaintiff was willing and ready to deliver up said note, and asks that the same may be canceled. The sufficiency of the reply was not questioned by demurrer. A trial by the court resulted in finding and judgment in favor of plaintiff and an order for the cancelation of the note executed to the plaintiff.
The appellants assign as error: (1) The overruling of defendants’ motion to find for defendants on the evidence submitted by the plaintiff in the trial of the above cause; (2) the overruling of defendants’ motion to find for the defendants on all the evidence; (3) that the finding and judgment of the court are not sustained by sufficient evidence; (4) that the finding and judgment of the court are
Judgment affirmed.