Stults v. Nelson, Cheesman & Co.
| Decision Date | 12 January 1912 |
| Docket Number | 7,462 |
| Citation | 97 N.E. 21,49 Ind.App. 208 |
| Court | Indiana Appellate Court |
| Parties | STULTS ET AL. v. NELSON, CHEESMAN & CO. ET AL |
From Huntington Circuit Court; Samuel E. Cook, Judge.
Suit by Rebecca F. Stults and others against Nelson, Cheesman & Co. and others. From a judgment for defendants, plaintiffs appeal.
Affirmed.
C. W Watkins and E. O. King, for appellants.
W. A Branyan, for appellees.
This was a suit by appellants against George A. Mahoney, sheriff of Huntington county, and Nelson, Cheesman & Co., to enjoin them from selling certain crops to satisfy a judgment taken in favor of appellee company against appellant, Francis I. Stults. Issues were joined, a temporary restraining order issued, and the court requested to make a special finding of facts and state its conclusions of law thereon.
From a judgment in favor of appellees this appeal is taken.
It is assigned that the court erred--
(1) In overruling appellants' motion for a new trial, and
(2) In stating its conclusions of law and each of them.
Appellants' motion for a new trial questions the sufficiency of the evidence to support the finding of the court, but no attempt has been made to bring the evidence into the transcript.
The court found, in substance, that in 1906 an account against Francis I. Stults in favor of Nelson, Cheesman & Co. was sent to Sprague's Mercantile Agency, Chicago, Illinois for collection; that in September, 1907, Sprague's agency secured a special contract from Nelson, Cheesman & Co. in which it was agreed that if Sprague's agency collected said claim at its own expense, Nelson, Cheesman & Co. would accept fifty per cent of the claim in full payment; that after this contract was procured, the claimant learned that Stults was solvent, and late in 1907, served a notice on him to pay no more money to Sprague's agency, and also notified him that the claim was in the hands of R. G. Dun & Co., which concern was alone authorized to collect the account; that this information was communicated by Stults to Sprague's agency, and the latter, on January 27, 1908, abandoned any further effort to collect the claim, and so notified Nelson, Cheesman & Co.; that on December 9, 1907, Francis I. Stults, at the instance of the attorney for R. G. Dun & Co., went before a justice of the peace and confessed judgment in the sum of $ 128.72, which was the full amount of the claim less $ 25 previously paid to Sprague's agency; that a transcript of said judgment was duly filed in the office of the clerk of the Huntington Circuit Court; that said Stults duly stayed said judgment by his coappellant Ernest W. Stults; that shortly before the expiration of the stay of execution,...
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State ex rel. Romona Oölitic Stone Co. v. Cent. States Bridge Co.
...of law, appellant admits, for the purpose of this assignment of error, that the facts are fully and correctly found. Stults v. Nelson, Cheesman & Co., 97 N. E. 21. The facts found fully warrant the conclusions of the trial court. The motion for a new trial was based on alleged error (1) in ......