Reports of the Cases Decided in the Appellate Court of Indiana Volume 41

Reports of the Cases Decided in the Appellate Court of Indiana Volume 41

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ... such mortgage was fraudulent. p. 415. '5. New TBIAL.--Spec-ial Findings.--Failure to Find Certain Facts.--Fai'lure of Evidence to Support.---The failure of the court to find certain facts alleged to have been proved, or the failure of the, evidence to support certain findings, does not constitute a ground for a new trial. p. 415. 6. TnIA1.--Special Find1'ngs.--Fai'lure to Fi'nd.--Effect.-The failure to find an alleged fact is a finding against the party having the burden of proof thereon. p. 416. CHATTEL MoRrcAoEs.--Foreelosure.--Fraud.--'l'he foreclosure, in favor of the mortgagee, of a chattel mortgage on a stock of goods in the possession of an assignee of the mortgagors, is not prejudicial to such assignee, where such mortgagee was the only creditor, even though such mortgagors did not account to such mortgagee for sales made from the stock, such assignee taking the title to such goods in trust for the benefit of creditors. p. 416. From Grant Circuit Court; H. J. Paulus, Judge. Suit by William H. Hoover against Ambrose D. Hamrick and others. From a decree for plaintiff, defendants appeal. Afiirmed. Elias Bandy, for appellants. S. M. Sayler, for appellee. MYERs, J.--In the court below appellee sued appellants to foreclose an indemnifying mortgage executed to him by Artemus O. Souers and John S. Hoover, covering a stock of fur niture in the town of Van Buren, Indiana, and owned by ' them as partners, and which they were engaged in selling at retail. The second paragraph of the complaint was answered by Hamrick, as assignee of Souers, by a general denial and by an affirmative paragraph averring that the mortgagors, Souers and Hoover, were, by the terms of said mortgage, to keep possession of the mortgaged property more

Product details

  • Paperback | 282 pages
  • 189 x 246 x 15mm | 508g
  • United States
  • English
  • black & white illustrations
  • 1236859782
  • 9781236859785