Indiana Insurance Company v. Handlon
1940.IN.30021; 24 N.E.2D 1003; 216 IND. 442
Supreme Court Of Indiana
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to which there was an answer in general denial. The first paragraph of complaint alleged that the appellant practiced a fraud upon the appellee by inducing him to release for $100 a valuable cause of action for personal injuries caused by the negligence of one Holmes. The second paragraph contained the same facts, except that it alleged that appellees cause of action against Holmes, which he was fraudulently induced to release, was good on the theory of the last clear chance. There was a jury trial, which resulted in a verdict and judgment in favor of the appellee for $1250. This appeal is from the denial of the appellants motion for a new trial. The errors claimed are: (1) that the trial court should have directed a verdict for the defendant at the close of the plaintiffs evidence; (2) that the verdict was not sustained by sufficient evidence and that it was contrary to law; (3) that the damages assessed were excessive; and (4) that the court erred in giving certain instructions on its own motion and in refusing other instructions tendered by the appellant.
- 0,99 €
- Category: Law
- Published: 05 February 1940
- Publisher: LawApp Publishers
- Print Length: 7 Pages
- Language: English