54 Ind. App. 1 | Ind. | 1913
Appellee brought this action against appellant for damages on account of alleged fraudulent representations as to the solvency of The East Chicago Hardware Company, a corporation of which appellant was president. The. first error assigned calls in question the sufficiency of the complaint to state a cause of action.
From the averments of the complaint, it appears that The East Chicago Hardware Company commenced business in March, 1905, and was declared a bankrupt by the United States District Court in March, 1907. During that time appellant was actively engaged in conducting the business of the corporation. Appellee sold the hardware company goods at wholesale, and in July, 1906, held an overdue account against the company amounting to more than $500.- Appellee did not know and had no means of knowing what the financial condition of the company was, and made inquiry of appellant, as the president of said com
In the case of Webster v. Bligh (1912), 50 Ind. App. 56, 98 N. E. 73, it is said: “When an appeal is taken to this court, every presumption is indulged in - favor of the correctness of the judgment of the trial court. The burden is on appellant to show error in the decision and judgment appealed from, and the error complained of must be specifically pointed out, substantially in the manner provided by the rules. This court will not search the record for errors on which to reverse a judgment. Until the appellant has substantially complied with the rules, there is no occasion for appellee to submit a brief on the merits of the ease. He is not required in his brief to supply omissions in the brief of appellant. He has a right to assume that the rule requiring appellant to set out the evidence in narrative form will be uniformly enforced.” See, also, Michael v. State (1912), 178 Ind. 676, 99 N. E. 788; Ireland v. Huffman (1909), 172 Ind. 278, 88 N. E. 508; Welch v. State (1905), 164 Ind. 104, 72 N. E. 1043; Pittsburgh, etc., R. Co. v. Wilson (1904), 161 Ind. 701, 66 N. E. 899; Security, etc., Assn. V. Lee (1903), 160 Ind. 249, 66 N. E. 745; Albaugh Bros., etc., Co. v. Lynas (1911), 47 Ind. App. 30, 93 N. E. 678, and cases cited.
The judgment is affirmed.
Note.—Reported in 102 N. ID. 301. See, also, under (1) 20 Cyc. 95; (2) 16 Cyc. 1052; (3) 20 Cyc. 90. As to false representations as to financial ability as basis for action for false representations, see 18 Am. St. 558.