¶1The questions involved in this appeal are, in principle, the same as those presented in Claypool v. German Fire Ins. Co., 32 Ind. App. 540. Upon the authority of that case the judgment herein is reversed, and the case is remanded, with instructions to restate the conclusions of law and exclude from the amount for which appellee is awarded priority, the sum of $221.44, expended or retained as expenses incident to the loan.
33 Ind. App. 699
Claypool v. Stein
Decided May 10, 1904
Indiana Court of Appeals · decided 1904-05-10
From Superior Court of Marion County (57,932); J. L. McMaster Judge. Suit by Harry E. Hamilton against Edward F. Claypool and others, to which Theodore Stein, trustee, filed a cross-complaint. From a judgment for cross-complainant, Claypool and others appeal.
Relies on Claypool v. German Fire Insurance
Reversed · Decided 1904-05-10