38 Ind. App. 420 | Ind. Ct. App. | 1906
This cause was tried upon a substituted complaint in one paragraph. It alleges in substance that the defendant, on June 6, 1900, executed a certain promissory note for $141, due September 1, after date, in favor of Thomas McCartney, negotiable at the Hunting-burg Bank, Huntingburg, Indiana; that before its matur
The defendant answered in four paragraphs. The second and third were withdrawn. The first was a non est factum. The fourth was an argumentative denial. The cause was put at issue, and a trial by jury resulted in a verdict and judgment in favor of appellee.
The errors assigned challenge the sufficiency of the fourth paragraph of answer, the sufficiency of the evidence to sustain the verdict or the judgment, the action of the court in refusing to require the jury to answer certain interrogatories, the rulings upon instructions, overruling appellant’s motion for judgment on the interrogatories notwithstanding the general verdict, and overruling appellant’s motion for a new trial.
and it was not error to reject them. Illinois Cent. R. Co. v. Cheek (1899), 152 Ind. 663;.Lukin v. Halderson (1900), 24 Ind. App. 645; Salem Bedford Stone Co. v. Hilt (1901), 26 Ind. App. 543; §555 Burns 1901, Acts 1897, p. 128, §1; Town of Kentland v. Hagan (1897), 17 Ind. App. 1.
Appellant concedes that there was no error in overruling its motion for judgment on the interrogatories notwithstanding the general verdict. This disposes of all the questions presented. This is the second appeal of this cause. People's State Bank v. Ruxer (1903), 31 Ind. App. 245. It has been thrice tried by jury. The record presents no reversible error.
Judgment affirmed.