51 Ind. App. 89 | Ind. Ct. App. | 1912
— Appellant brought this action against appellees to enforce the payment of three promissory notes, and to foreclose a chattel mortgage on a traction engine, given to secure the payment of the notes.
The complaint was in three paragraphs, to which an answer in four paragraphs was filed. Reply in general denial. The issues thus joined were submitted to the court for trial, and at the request of the parties the court made a special finding of facts and stated its conclusions of law thereon in favor of defendants, and rendered judgment that plaintiff
Causes eleven to fourteen, inclusive, are covered by assignment two, which is that “the decision of the court is not sustained by sufficient evidence.” §585 Burns 1908, subd. 6, §559 R. S. 1881.
We have called attention to the omissions in the brief proper of appellant, which, if. we were inclined strictly to enforce the rules, would preclude any further attention to these last two assignments. But in view of the earnest argument of counsel for appellant, and the issues submitted to the court for trial, we have carefully considered the evidence furnished by counsel in their briefs in connection with the testimony disclosed by the record.
Judgment affirmed.
Note. — Reported iu 99 N. E. 132. See, also, under (1, 5) 2 Oyc. 1014; (2) 2 Oyc. 1014; 3 Oyc. 388; (3, 4) 29 Oyc. 761; (6) 3 Oyc419; (7) 38 Oyc. 1411; (8) 38 Cyc. 1386; (9) 38 Oyc. 1376; (10) 3 Cyc, 360; (11) 35 Cyc. 42,7; (12) 10 Cyc. 1054; (13) 3 Cyc. 300. As to when a notice to an agent is notice to the principal, see 24 Am. St. 228.