70 Ind. App. 105 | Ind. Ct. App. | 1919
The complaint in this action is in two paragraphs, in which appellee is plaintiff, and James T. Irvine, Jr., and James T. Irvine, Sr., are defendants. The first paragraph is based on a promissory note alleged to have been executed to appellee by the said Irvine and Irvine under the firm name and style of James Irvine and Company. The.second paragraph alleges in substance that said James T. Irvine, Sr., held himself out as a partner in the firm of James Irvine and Company, and knowingly permitted James T. Irvine, Jr., to hold him out as a partner in said firm, with the intention that appellee should act on such representation as being true;.that appellee, believing said representation, and having no knowledge that the same was not true, was induced thereby to sell goods and extend credit to said-James.. Irvine and Company, and to accept a certain promise; sory note for $166.18 executed by said company; that said note is now due and unpaid. Each paragraph of the complaint referred to the same promissory note* which was made a part thereof by a copy filed as an exhibit therewith. James T. Irvine, Jr., filed an answer in two paragraphs, the first being a general denial, and the second a plea of payment. James T.
Appellant contends.that the court erred in giving instructions Nos. 7, 9,12 and 13 on its own motion.
Appellant also contends that the court erred in refusing to give instructions Nos. 3 and 4 requested by him. These instructions are the same as Nos. 12 and 13 given by the court on its own motion, except that neither of them contain the clause which we have italicized above. For the reasons stated in passing on said instructions given, there was no error in refusing to give said requested instructions.
However, the 'only portion of such objectionable evidence to which appellant has made any reference
We find no reversible error in the record. Judgment affirmed.