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Borrower entitled to retrial on judgment, COA rules

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A Steuben Circuit Court committed reversible error when it failed to admit into evidence an exhibit purporting to show that a borrower had repaid a $650,000 promissory note, the Indiana Court of Appeals ruled Tuesday.

John Pichon was ordered to pay a judgment of $1,189,105 plus interest after a bench trial in which American Heritage Banco alleged that he and others conspired with officers of National Bank of Fremont to commit criminal acts and seeking payment on two promissory notes Pichon executed. The case is John Pichon, Jr. v. American Heritage Banco, Inc., et al.,  76A03-1201-PL-4.

“Exhibit A, which is an original of the $650K note stamped 'paid,' is relevant to the issue of whether there is an unpaid balance on that note, and the trial court should have admitted it into evidence. The trial court’s exclusion of Exhibit A prejudiced Pichon to such an extent that we hold it was reversible error,” Judge Edward Najam wrote. “We reverse the trial court’s judgment with respect to the $650K note, only, and remand for a new trial on that issue.”

The court ruled that AHB could sue Pichon on the note; Pichon has waived issues of illegality, accord and satisfaction, and consideration; prejudgment interest is appropriate if AHB prevails on retrial; and that due to the reversal on the $650,000 note, AHB was not entitled to an award of attorney fees.

 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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