76 Ind. 520 | Ind. | 1881
This suit was brought by the appellees against the appellant, for goods sold and delivered. • The appellant answered the complaint by a general denial. The cause was submitted to a jury, and a verdict returned in favor of the appellees. The appellant moved the court for a new trial, on the ground that the verdict was contrary to law, and not sustained by sufficient evidence. The court overruled the motion. The. evidence is in the record by bill of exceptions.
The appellant assigns as error the overruling of his motion for a new trial. If there is any testimony legally tending to support the verdict, this court will not disturb it on the weight of the evidence. The Fort Wayne, etc., R. R. Co. v. Husselman, 65 Ind. 73; Leary v. Ebert, 72 Ind. 418; Sohn v. The Marion, etc., G. R. Co., 73 Ind. 77; Kelly v. Northington, 73 Ind. 152.
Moses Lamley, one of the appellees, testified on the trial that he sold the goods to one Carter, who stated that he was buying for the appellant; that the goods were charged to the appellant; that they were sold for a fair price; that the appellant was doing business at Waterloo and at Auburn; that small bills had been purchased of the appellees by Carter for the appellant, Locke ; that he sometimes gave notes for such purchases, in the name of Locke, he signing Locke’s name to the notes ; that payments had been made, but that he did not know whether Locke or Carter made the payments ; that he had been in appellant’s place
Edward Eldridge testified that Locke was carrying on the liquor business in Auburn, from June, 1875, until a short time before the suit was commenced. Upon the trial, Lamley’s counsel asked him this question: “What direction, if any, was given you by Carter at the time he ordered said goods, as to their shipment?” To this question the appellant objected, on the ground that it was incompetent and improper. The court overruled the objection and he excepted. The witness then answered it.
It had been shown that Locke was doing business in Auburn ; that he stayed most of the time at Waterloo, and that
Nor can we disturb the verdict on the weight of the evidence. If the case had gone to the jury on the testimony produced by the appellees, it could not be said, we think, that the jury would not have been authorized to return a verdict for them. True, the testimony introduced by the appellant not only contradicted that put in by the appellees, but strongly tended to show that Carter had in fact no authoi’ity to buy liquor in Locke’s name, and that, as soon as Locke ascertained that he was doing so, he turned him off. But the fact that he turned him off, that the business was, according to their testimony, canned on fraudulently and in violation of law, greatly diminishes the force of the testimony of the appellant. We can not weigh this conflicting testimony. Nor do we believe that, by indulging the presumption that, in this case, the jury reached the truth, injustice will be done.
Per. Curiam. — It is ordered, upon the foregoing opinion, that the judgment below be affirmed, at the costs of the appellant.