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The Northeastern Reporter Volume 106

The Northeastern Reporter Volume 106


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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. 1915 edition. Excerpt: ...between counsel as to the competency of appellant to testify, because Marks, Meeker, and Kerlln, who signed the note sued on, died before the time of trial. We do not consider the matter, because the record presents no question regarding his competency as a witness. Appellant's counsel contends that, conceding that appellant agreed in 1903 to pay the debt evidenced by the note in suit, in consideration of the transfer to him of the preferred stock, the evidence must be held as proving that such agreement was afterwards rescinded. We do not deem it necessary to set out the items of evidence which appellant's counsel claims supports this proposition. What we have said in relation to the proof of the agreement is equally applicable here. Adams testified that on May 27, 1903, when McKeen delivered drafts in part payment of the $100,000 note, some of the preferred stock was delivered to him in pursuance of the agreement Evidently the trial court believed this statement and believed Adams' explanation of the reasons for the execution of the notes given by Adams and Meeker for the sums paid by McKeen. However improbable the truth of this explanation may appear to appellant's counsel or might appear to this court, it seems to have convinced the trial court of its truthfulness, and we are precluded from interfering with the finding. Inasmuch as there was some evidence to support the finding by the trial court of facts which justified the conclusion that appellant was primarily liable for the payment of the note, it is unnecessary to consider other questions presented by appellant's counsel. The death of appellant is suggested, and the judgment is affirmed as of the date of submission. (182 Ind. 343) BRACKNEY v. STATE. (No. 22043.) (Supreme Court...


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Product Details
  • ISBN-13: 9781154977424
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 1070
  • Spine Width: 53 mm
  • Width: 189 mm
  • ISBN-10: 1154977420
  • Publisher Date: 13 May 2014
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1869 gr


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