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1 Smith & H. 366

Morgan v. Trimble

Indiana Supreme Court

Decided November 15, 1849

Indiana Supreme Court · decided 1849-11-15

Assumpsit by the appellee against the appellant, upon two notes or due-bills, payable by Morgan to Trimble, one dated March 20th, 1846, for 73 dollars and 8 cents, and one dated March 1st, 1847, for 299 dollars and 39 cents. The declaration also contained the common counts. Pleas: The general issue and set-off. Bills of particulars of open accounts were filed by both parties. Trial by the Court, and finding and judgment for the plaintiff for 410 dollars.

Decided 1849-11-15

Per Curiam.

¶1— “ From the imperfect statement of the testimony, contained in notes taken by the judge during the trial, which is the only statement of the evidence we have, it does not clearly appear how the sum over and above the amount of the two notes was made up, as there was evidence of other indebtedness under the common counts; nor does it appear that the set-oil’claimed was not allowed. There was also some evidence, that before the barn was finished, the defendant forbid the plaintiff coming on his place, and that might have been a reason for Ms not finishing the contract, and not taking his pay in boarding.”

¶2Judgment affirmed, &c.

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