Lee v. Dilly

Indiana Supreme Court

Lee v. Dilly

17 Ind. 587, 1861 Ind. LEXIS 534

DecidedFebruary 6, 1861

StatusPublished

This text of 17 Ind. 587 (Lee v. Dilly) 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

Lee v. Dilly, 17 Ind. 587, 1861 Ind. LEXIS 534 (Ind. 1861).

Pincite

Opinion

Per Curiam.

Suit on note. Answer, payment and set-off.

There was a special finding by the Court of the amount due on the note, including interest; and also of each set-offj and the time when it accrued. The Court appears, in the conclusion based upon those findings, to have fallen into the error of allowing interest on the note up to the day of judgment, and none on any set-off, although several years had elapsed [588]*588since they had accrued, by the delivery of money to the payee of the note.

O. L. Dunham and Horace Heffren for the appellant.

The judgment is reversed, with costs. Cause remanded, &c.

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Per Curiam.

Suit on note. Answer, payment and set-off.

There was a special finding by the Court of the amount due on the note, including interest; and also of each set-offj and the time when it accrued. The Court appears, in the conclusion based upon those findings, to have fallen into the error of allowing interest on the note up to the day of judgment, and none on any set-off, although several years had elapsed [588]*588since they had accrued, by the delivery of money to the payee of the note.

O. L. Dunham and Horace Heffren for the appellant.

The judgment is reversed, with costs. Cause remanded, &c.

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Bluebook (online)

17 Ind. 587, 1861 Ind. LEXIS 534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-dilly-ind-1861.