45 Ind. App. 455 | Ind. Ct. App. | 1910
Action by appellant against appellees on a promissory note given to the People’s State Bank of Huntingburg, Indiana, for the sum of $700, and dated August 21, 1905. The complaint as originally filed in the Pike Circuit Court consisted of two paragraphs. Upon change of venue to the court below the first paragraph was dismissed. To the second paragraph appellees answered in five paragraphs: (1) No consideration; (2) payment; (3) non est factum; (4) no consideration and that said note was deposited as Collateral only; (5) general denial. Appellees also filed a cross-complaint in two paragraphs. The first alleges no consideration for the note in controversy, asks that the appellant he ordered to surrender said note, and that it be declared void. The second paragraph, in substance, alleges that the defunct hank, of which appellant is receiver, was organized and was, until placed in the hands of appellant as receiver, doing a general banking business under the laws of the State of Indiana; that during appellee Tindle’s business
To each of said affirmative answers and to each paragraph of cross-complaint and set-off, respectively, appellant filed a general denial. Upon the issues thus formed the cause was tried by the court, resulting in a finding for defendants on plaintiff’s complaint and the answers thereto, and against defendants on their cross-complaint. Over appellant’s motion for a new trial judgment was rendered in accordance therewith.
The evidence is voluminous, extending over 700 pages of typewritten matter. The questions depend upon the evidence alone. To attempt to set out and comment upon its inconsistencies and contradictions would make this opinion a very long one without any corresponding profit. The evidence is both documentary and oral. Leaving, under the well-recognized rule, to the trial court its weight and credibility, it is sufficient on all material points to sustain the finding and judgment.
Judgment affirmed.