American Case & Register Co. v. Catchpole
American Case & Register Co. v. Catchpole
Opinion of the Court
The plaintiff brought this action in the district court
This, perhaps, is not a very artistic manner of -pleading the- facts constituting the fraud, but no motion was made for a more definite statement, and the defendant’s evidence of fraud was received without objection on the ground of any supposed insufficiency of the answer. The defendant testified positively to the signing of the order, and that he only signed his name once, and did not know at the time that he had signed any such note, or that it was intended that he should.
The case was tried to the court without a jury, and the court found for the defendant and dismissed the plaintiff’s action. The evidence is perhaps conflicting, but we cannot reverse the judgment of the trial court under such circumstances, if there is a substantial conflict, and it does not affirmatively appear that the finding is clearly wrong.
The judgment of the district court is
Affirmed,
Reference
- Full Case Name
- American Case & Register Company v. D. J. Catchpole
- Status
- Published