Hays v. McGuirt

Kirby, J.,

(after stating the facts). It is insisted that the court erred in instructing the jury that if they found “that there was no valuable consideration moving to the plaintiff from the defendant for the execution of the release,” it should be disregarded. This instruction was erroneous, misleading and prejudicial. It cannot be said there was no valuable consideration for the execution of the release, whether it was moving to the plaintiff from the defendant or not. The testimony on appellant’s part conduced to show that the plaintiff herself received no consideration for the execution…