Reports of Cases Decided in the Appellate Court of the State of Indiana, Volume 74Wm. B. Burford, 1922 - Law reports, digests, etc "With tables of cases reported and cited, and statutes cited and construed, and an index." (varies) |
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Common terms and phrases
action Admr agent agreement alleged amount appellant Appellant contends appellant's appellee appellee's application assigned authority averred Bank BATMAN bond Burns cause Circuit Court compensation complaint conclusions of law condition consideration contract contributory negligence corporation court erred death deed defendant appeals demurrer denial duty employe error evidence executed facts Fauvre Fesler filed fire Gates held Indiana Indianapolis Industrial Board injury instruction insured Judge judgment for plaintiff jury land lant lant's lease liability ment mortgage motorman negligence notes November 17 nunc pro tunc overruling paid paragraph of answer parties payees payment pellant pellee person Peter Lieber plaintiff premium question real estate reason recover refused Rehearing denied rendered reversed reversible error rule second paragraph Section statute street subrogation sufficient supra sustained Terre Haute thereof thereto Thomas Glascock tion track tract Traction trial court Trust Vandalia verdict
Popular passages
Page 71 - No variance between the allegation in a pleading and the proof, is to be deemed material, unless it have actually misled the adverse party to his prejudice, in maintaining his action or defense upon the merits.
Page 454 - ... if any change other than by the death of an insured, take place in the interest, title or possession of the subject of insurance (except change of occupants without increase of hazard) whether by legal process or judgment or by voluntary act of the insured, or otherwise...
Page 15 - ... within sixty days after the fire, unless such time is extended in •writing by this company, shall render a statement to this company, signed and sworn to by said insured, stating the knowledge and belief of the insured as to the time and origin of the fire; the interest of the insured and of all others in the property; the cash value of each item thereof and the amount of loss thereon...
Page 315 - The drawers and endorsers severally waive .presentment for payment, protest and notice of protest, and nonpayment of this note...
Page 529 - Constitutes a Holder in Due Course. A holder in due course is a holder who has taken the instrument under the following conditions: 1. That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person...
Page 529 - A holder in due course holds the instrument free from any defect of title of prior parties, and free from defences available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable thereon.
Page 243 - States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude.
Page 498 - The error assigned is the action of the court in overruling appellant's motion for a new trial. Among the reasons specified in the motion for a new trial are "that the finding is not sustained by sufficient evidence and is contrary to law.
Page 496 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted.
Page 15 - It also provides, that if fire occur, the insured shall give immediate notice of any loss thereby, in writing, to the company...