119 Ind. 496 | Ind. | 1889
This was an action by Lewis, as administrator of the estate of Peter J. Bailey, deceased, against Walling-and Barnes, the latter being a constable, in Decatur county, to recover damages for the unlawful conversion of certain goods and merchandise of which the plaintiff had taken possession in pursuance of the terms of certain chattel mortgages theretofore executed by one Alvin L. Bailey.
It appeared that Alvin L. Bailey had executed certain chattel mortgages to the administrator of the estate of Peter J. Bailey, to indemnify the estate against loss or* liability on account of Peter J. Bailey having in his lifetime become bound as surety on certain notes, amounting to about $1,600, which remained unpaid, which Alvin L. Bailey, who is alleged to be wholly insolvent, had executed as principal. The
The finding of the court is sustained by the evidence. It
There is nothing in the evidence indicative of any fraudulent intent in the execution of the mortgages. The finding in favor of the constable, Barnes, affords no reason for the exoneration of the appellant, who converted the goods and applied them to the satisfaction of his judgment. Nichols v. Nowling, 82 Ind. 488.
Some objections to the rulings of the court in admitting and excluding evidence are suggested. We do not deem the questions of sufficient moment to state them in detail. The court committed no error in its rulings.
The judgment is affirmed, with costs.