92 Ind. 150 | Ind. | 1883
The ■ appellant, as endorsee of a note made by the appellee to S. S. Horne on March 1st, 1876, for $899.73, brought this action to recover the amount due upon such note, and to have it declared a lien upon certain real estate for which it had been executed.
An answer of payment and a set-off was filed. A trial was had, and judgment' was rendered for appellant for $13.75. A motion for a new trial was overruled, and this ruling is assigned as error.
The motion for a new trial embraced many reasons. These will be noticed in the order of their statement.
It is first insisted that the finding is not sustained by sufficient evidence. The note was for $899.73, made March .1st, 1876, due five years from date, with interest at six per cent. Upon March 2d, 1881, theappellee paid the appellant $604.25, and against the balance a set-off was filed. This set-off consisted of a small claim for taxes, two small accounts, one note of $176.66 due from S. S. Horne, one judgment of $50, re
It is also earnestly insisted that these claims were assigned*
Pee Curiam. — If is therefore ordered, upon the foregoing opinion, that the judgment be and it is hereby in all things reversed, at the appellees’ costs.