Myers v. Standart
Ohio Supreme Court
Motion for a new trial, reserved in tbe district court of' Cuyaboga county. This was an action of assumpsit on a bill of exchange. Two of the defendants, Philo Chamberlin and Silas S. Stone,. severally pleaded the general issue. Needham M. Standart was discharged upon his plea of bankruptcy, and Samuel A. Wheeler died after the institution of the suit. The case was tried before a jury upon the pleas of Chamberlin and Stone,.. and a verdict rendered for the plaintiffs.
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Motion for a new trial, reserved in tbe district court of' Cuyaboga county. This was an action of assumpsit on a bill of exchange. Two of the defendants, Philo Chamberlin and Silas S. Stone,. severally pleaded the general issue. Needham M. Standart was discharged upon his plea of bankruptcy, and Samuel A. Wheeler died after the institution of the suit. The case was tried before a jury upon the pleas of Chamberlin and Stone,.. and a verdict rendered for the plaintiffs. After the verdict, a motion was made for a new trial, by Chamberlin and Stone, on the grounds of the improper admission of…
1Opinion of the CourtGholson, J.
The first reason assigned for a new trial is the admission of evidence tending to show what is said to be a waiver, by one of the defendants, of laches in giving notice, tñe averment in the declaration, undei which the proof was offered, being of demand and notice in the usual form. Whether under such an averment, a dispensation or excuse for not giving notice, or, in a case where there has been no attempt to give notice, a subsequent waiver of any notice might be properly shown, we need not decide. The evidence offered and received, we think, tended to show that notice had actually been…
2Cases cited1 opinion
- Troy City Bank v. . LaumanNew York Court of Appeals · 1859