Wright v. Cohn
Wright v. Cohn
Opinion of the Court
Appellant brought suit against appellee on a promissory note alleged to have been executed by appellee to the Indiana Trust and Savings Bank.
The complaint in one paragraph was answered by an answer in two paragraphs. The first paragraph was a verified denial of the execution of the note. In the second paragraph it was. alleged in substance that appellee signed the note sued upon at the request of Charles E. Fowler, who was at the time president of said bank; that he signed the same as surety for said Fowler with an agreement and Understanding by and between appellee, the bank, and said Fowler, that the note should not become a binding obligation on appellee until the same was executed by said Fowler as principal; that appellee signed the note as surety only, and no consideration whatever
The issues were closed by a reply in general denial to each paragraph of the answer.
■ A trial by court resulted in a finding for the defendant as follows: “The court having had this cause under advisement since the 20th day of November, 1914, now finds for the defendant to which ruling of the court the plaintiff excepts. It is therefore considered, adjudged and decreed by the court that the defendant do have and recover of and from the plaintiff all his costs herein laid.out and expended.” Appellant’s motion for a new trial was overruled. The only assignment of error not expressly waived by appellant in his brief is the action of the court in overruling the motion for a new. trial.
The only other question presented by appellant arises under the ninth alleged cause for a new trial, relating to a question asked the witness Samuel J. Cohn by appellee’s counsel. He was in substance asked, What did your brother Mike say about any note and what did Mr. Fowler say to your brother on that subject? Appellant’s attorney objected on the ground that the question sought to explain a written contract by parol evidence, and that any statement made by Mr. Fowler would not bind the bank.
No reversible, error has been shown by appellant.
Judgment affirmed.
Note. — Reported in 121 N. E. 3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.