Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 6
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. 1890 edition. Excerpt: ...the firm, to which it appears he made no objection; and we can not imagine that a practicing attorney, who was of course fully aware of his rights, would stand by and permit his co-partner to appropriate the entire efliects of the concern to his own use without authority or right. He states his understanding, also, that the private accounts of himself and Robinson were paid for in the services they were rendering. This-shows that so far as the. accounts were concerned, they were settled according to the understanding of Allen, and it furnishes a strong implication that Robinson had authority to make the settlement in the manner it was done. If the case was rested here, however, we should not disturb the verdict. But Allen testifies that he and Kendall and Robinson were together at a Probate Court, when he, as the administrator of an estate which was indebted to Merkle, Kendall & Co., paid Kendall 15 dollars, which Kendall there paid Robinson on the note. To this there is no pretense that any objection was made. If Robinson had no right to receive the money on the note, it would have been a fraud upon Merkle, Kendall & Co. for Allen to stand by, and without objection let the money 308 be so paid. Suppose Allen and Robinson were to sue them on the account, and this fact were proved; can it be doubted that it would defeat a recovery? We think it was a ratification; and we are not able to resist the conclusion that although the settlement made by George Merkle and Robinson may possibly have been unauthorized, the transaction was ratified by Kendall on one side, and by Allen on the other. The judgment is reversed with costs. Cause remanded, with instructions to the Circuit Court to grant the plaintiff a new trial on the payment of the...
- Paperback | 220 pages
- 189 x 246 x 12mm | 399g
- 13 Sep 2013
- United States
- Illustrations, black and white