Rowley v. Campbell

Indiana Supreme Court

Rowley v. Campbell

15 Ind. 280, 1860 Ind. LEXIS 403

DecidedDecember 10, 1860

StatusPublished

This text of 15 Ind. 280 (Rowley v. Campbell) 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

Rowley v. Campbell, 15 Ind. 280, 1860 Ind. LEXIS 403 (Ind. 1860).

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Opinion

Per Curiam.

The only question in this case is whether a certain promissory note, drawn for $2,000, expressed the true amount of its consideration. One witness testified that the note was given for money loaned, and that but $1,750 was actually lent, the remaining $250 being for usurious interest.

The jury found that the note expressed the true consideration, and the Court refused a new trial.

The note was prima facie proof that $2,000 was its consideration ; and, if the jury rightfully disbelieved the witness who swore that it was but $1,750, the judgment below is right. For cause, they might disbelieve him. His manner, \&c., may have convinced them that he was not telling the truth. But in addition, one other witness, in his general testimony as to the matter, spoke of the amount loaned as having been $2,000. It was a question for the jury.

The judgment is affirmed, with 1 per cent, damages and costs.

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Per Curiam.

The only question in this case is whether a certain promissory note, drawn for $2,000, expressed the true amount of its consideration. One witness testified that the note was given for money loaned, and that but $1,750 was actually lent, the remaining $250 being for usurious interest.

The jury found that the note expressed the true consideration, and the Court refused a new trial.

The note was prima facie proof that $2,000 was its consideration ; and, if the jury rightfully disbelieved the witness who swore that it was but $1,750, the judgment below is right. For cause, they might disbelieve him. His manner, \&c., may have convinced them that he was not telling the truth. But in addition, one other witness, in his general testimony as to the matter, spoke of the amount loaned as having been $2,000. It was a question for the jury.

The judgment is affirmed, with 1 per cent, damages and costs.

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Bluebook (online)

15 Ind. 280, 1860 Ind. LEXIS 403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rowley-v-campbell-ind-1860.