Ehlinger v. Speckels
Ehlinger v. Speckels
Opinion of the Court
Tbis is a suit on a promissory note for $500, executed by appellant to ap-pellee for borrowed money, and wbicb appellant seeks to evade tbe payment of by a plea of a discharge in bankruptcy. Appellee also sought to foreclose a lien on a certain policy of insurance, which had been executed by appellant. In anticipation doubtless of the plea of discharge in bankruptcy appellee alleged fraud upon the part of appellant in representing that a certain policy of insurance was his policy, that it was a valuable security and fully worth the sum of $500, which representations were false, and known by appellant to be false when he made them. The-cause was tried without a jury, and judgment was rendered in favor of appellee for his debt, but the court refused to foreclose a lien on the policy of insurance. The evidence was sufficient to show that the money was obtained by appellant from appellee by representations to the effect that he owned a policy of insurance on which he had borrowed $100 or $150, when the policy was in favor of his wife, and he and she borrowed $230, all permitted by the policy itself. No-money could have been obtained from appel-lee by appellant without security. We approve the findings of fact of the trial judge.
“If my wife had transferred this policy to Mr. Speckels, I would certainly not have paid the premiums on the policy.”
The evidence tended to show that appellant knew the lien he had given was worthless when signed by him alone. The fourth and fifth assignments of error are overruled.
The eleventh assignment is too general to be considered.
The judgment is affirmed.
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Reference
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- Ehlinger v. Speckels.
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