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17 Ind. 587

Lee v. Dilly

Indiana Supreme Court

Decided February 6, 1861

Indiana Supreme Court · decided 1861-02-06

<p>APPEAL from the Washington Common Pleas.</p>

Decided 1861-02-06

Per Curiam.

¶1Suit on note. Answer, payment and set-off.

¶2There was a special finding by the Court of the amount due on the note, including interest; and also of each set-offj and the time when it accrued. The Court appears, in the conclusion based upon those findings, to have fallen into the error of allowing interest on the note up to the day of judgment, and none on any set-off, although several years had elapsed *588since they had accrued, by the delivery of money to the payee of the note.

O. L. Dunham and Horace Heffren for the appellant.

¶3The judgment is reversed, with costs. Cause remanded, &c.

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