Wabash Valley Coal Co. v. First National Bank

Indiana Court of Appeals

Wabash Valley Coal Co. v. First National Bank

72 N.E. 1153, 34 Ind. App. 703, 1905 Ind. App. LEXIS 48

CourtIndiana Court of Appeals

DecidedFebruary 1, 1905

DocketNo. 5,170

StatusPublished

This text of 72 N.E. 1153 (Wabash Valley Coal Co. v. First National Bank) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wabash Valley Coal Co. v. First National Bank, 72 N.E. 1153, 34 Ind. App. 703, 1905 Ind. App. LEXIS 48 (Ind. Ct. App. 1905).

Pincite

Opinion

Comstock, C. J.

Appellee brought this action against appellant on a promissory note executed by appellant to one Max Eichberg (who was president of the appellant corporation) and held by appellee by indorsement of said Eichberg. Appellant pleaded payment, to which answer appellee replied by general denial. A trial by the court resulted in a judgment in favor of appellee for the amount claimed.

It is contended by appellant that payment was made in full, before the commencement of the suit, to A. L. Kemper & Co., the duly authoi'jzed agent of appellee to collect the note.’

Whether the payment was made and whether A. L. Kemper & Co. was the agent of appellee are the only questions involved in this appeal. We have carefully examined the evidence. It does not conclusively show that A. L. Kemper & Co. was the agent of appellee at the date named, and the plea of payment is lacking in a preponderance.

No useful purpose could be served by setting out the evidence or discussing it. It was sufficient to sustain the judgment, and the same is therefore affirmed.

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Comstock, C. J.

Appellee brought this action against appellant on a promissory note executed by appellant to one Max Eichberg (who was president of the appellant corporation) and held by appellee by indorsement of said Eichberg. Appellant pleaded payment, to which answer appellee replied by general denial. A trial by the court resulted in a judgment in favor of appellee for the amount claimed.

It is contended by appellant that payment was made in full, before the commencement of the suit, to A. L. Kemper & Co., the duly authoi'jzed agent of appellee to collect the note.’

Whether the payment was made and whether A. L. Kemper & Co. was the agent of appellee are the only questions involved in this appeal. We have carefully examined the evidence. It does not conclusively show that A. L. Kemper & Co. was the agent of appellee at the date named, and the plea of payment is lacking in a preponderance.

No useful purpose could be served by setting out the evidence or discussing it. It was sufficient to sustain the judgment, and the same is therefore affirmed.

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Bluebook (online)

72 N.E. 1153, 34 Ind. App. 703, 1905 Ind. App. LEXIS 48, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wabash-valley-coal-co-v-first-national-bank-indctapp-1905.