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REES v. HEYSER

No. 1-1079A285.

404 N.E.2d 1183 (1980)

Joseph REES, Appellant (Defendant below), v. John H. HEYSER, Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

Rehearing Denied July 7, 1980.

Attorney(s) appearing for the Case

Bertwin J. Keller, Harlan, Schussler, Keller & Boston, Richmond, for appellant.

Marlin K. McDaniel, Richmond, Charles G. Reeder, Johnson & Weaver, Indianapolis, for appellee.

ROBERTSON, Presiding Judge.

John H. Heyser (Heyser) brought an action against Joseph R. Rees (Rees), alleging that Rees was indebted to Heyser in the sum of fifteen thousand dollars ($15,000). The trial court entered judgment in favor of Heyser, and Rees has appealed. On appeal, Rees alleges that the action is barred by res judicata, that the check given by Heyser to Rees on December 26, 1968 was in reality a loan since there was no adequate consideration, and finally...

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