Christians v. Christians
Christians v. Christians
Opinion of the Court
E. W. Christians died July 31, 1906. In proceedings thereafter had in due course, William Christians, the respondent herein, was ap
In its findings of fact the district court found as follows: “That on the 7th day of November, 1898, the said Herman F. Christians, by the name of H. F. Christians, made, executed, and delivered to the said F. W. Christians his promissory note in writing, whereby and wherein he promised to pay to the said F. W. Christians, two years after date thereof, the sum of $1,300, with interest at four per cent, per annum until paid, and the said Herman F. Christians, at the time of the execution and delivery of said note, had and received from the said F. W. Christians for his use and benefit the full sum of $1,300. That no part of said $1,300 has ever been paid, or the interest thereon, except on the 3d day of May, 1904, said Herman F. Christians paid thereon interest in full to said date, and. $50 of the principal, leaving the amount of the indebtedness of the said Herman F. Christians on said date to said F. W. Christians the sum of $1,250, no part of which has ever been paid.” Hpon the findings and conclusions of law, judgment was duly entered, and from that judgment Herman F. Christians appealed to this court.
The case presents simply one question of fact, and that is whether or not this finding of the trial court is sustained by the evidence. The
We need not review the evidence in detail, because we are satisfied that the appellant has not shown that the trial court erred in making the finding of fact in question. The note for $1,300 was given on November 7, 1898. On May 3, 1904, Herman F. Christians deeded a certain farm to his father. Upon that farm there was a mortgage of $1,000. At the time of the transfer, the father gave to his son $100 in cash, released a mortgage of $250 on certain other property, indorsed $50 on the principal of the note, and $286 as interest on the $1,300 note in question. He had previously acquired the mortgage for $1,000 which was upon the land, and there was due thereon the sum of $29.12 as interest. He thus paid for the land the sum of $1,-715.12, or, if we exclude the $250, which should probably be done, he paid the sum of $1,465.12. Very shortly thereafter he sold the land for $1,500, so that it is fair to presume that he paid a reasonable price therefor. The appellant’s contention is that when the land was transferred the note for $1,300 was also paid. The note, however, remained in the hands of the father, and certain indorsements were made on it at the time. A reasonable inference is that the note was not paid by the transfer of the land. At least the trial court was justified in coming to that conclusion.
The judgment appealed from is therefore affirmed.
Reference
- Full Case Name
- HERMAN F. CHRISTIANS v. WILLIAM CHRISTIANS
- Status
- Published