66 Ind. App. 222 | Ind. Ct. App. | 1917
This is an appeal from a judgment rendered against appellants, husband and wife, on a note executed by them in favor of appellee. The issues upon which the case was tried were formed by a complaint in one paragraph, an answer by Clara I. Templer, hereinafter referred to as appellant, setting up suretyship, and a reply thereto of general denial 'and an affirmative paragraph setting up an estoppel in pais.
There was a trial by jury, verdict, and judgment for appellee. With their general verdict the jury returned answers to interrogatories.
The questions to be determined by this appeal have been narrowed by appellant’s counsel in their brief to one alleged error, viz., the overruling of appel
The question for determination then resolves itself into two propositions: (1) Whether there is any evidence tending to show that appellant executed the note in suit as principal or as surety; and (2) whether there is any evidence tending to show an estoppel in pais against appellant by reason of the alleged representations made by her and relied upon by appellee in making the loan for which the note in suit was given.
The general verdict was a finding in favor of appellee on both these questions.
The general principles of law applicable thereto are set out and discussed in the following recent cases and need not be repeated here. Pabst Brewing Co. v. Schuster (1913), 55 Ind. App. 375, 103 N. E. 950; Wright v. Fox (1913), 56 Ind. App. 315, 103 N. E. 442.
There is evidence tending to show the following facts: Both appellant and appellee are residents of the city of Muncie, Indiana, and had lived there and had been acquainted for almost sixty years. On September 13,1905, appellant was a married woman, the wife of her codefendant Clayton B. Templer, and was at that time the owner of considerable real estate in said city in her own name. Mr. Templer
No available error being shown, the judgment is affirmed.
Note. — Reported in 117 N. E. 936. Htxsbancl and wife: estoppel of wife, 57 Am. St. 169. See under 21 Oyc 1571.