Kaufman v. Bott

Indiana Supreme Court

Kaufman v. Bott

29 Ind. 521

DecidedMay 15, 1868

StatusPublished

This text of 29 Ind. 521 (Kaufman v. Bott) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kaufman v. Bott, 29 Ind. 521 (Ind. 1868).

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Opinion

Gregory, C. J.

Suit by the appellees against the appellant for goods sold and delivered. The defendant answered, 1. The general denial; 2. Payment. The plaintiff replied to the second paragraph of the answer by the general denial. Trial by the court; finding for the plaintiff; motion for a new trial overruled, and judgment. There was a conflict of evidence as to payment.

This court will not reverse a case on the evidence, when there was testimony from which the court below could fairly find as it did, although we may think the weight of evidence against the finding.

The judgment is affirmed, with costs.

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Gregory, C. J.

Suit by the appellees against the appellant for goods sold and delivered. The defendant answered, 1. The general denial; 2. Payment. The plaintiff replied to the second paragraph of the answer by the general denial. Trial by the court; finding for the plaintiff; motion for a new trial overruled, and judgment. There was a conflict of evidence as to payment.

This court will not reverse a case on the evidence, when there was testimony from which the court below could fairly find as it did, although we may think the weight of evidence against the finding.

The judgment is affirmed, with costs.

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Bluebook (online)

29 Ind. 521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kaufman-v-bott-ind-1868.