Bain v. Wilson
Ohio Supreme Court
Error to the district court of Marion county. The original action was assumpsit, brought, in the court of com'mon pleas, by the plaintiff, Bain, for contribution from the defend••ant, Wilson, as co-surety upon a bill of exchange under seal, paid by plaintiff.
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Error to the district court of Marion county. The original action was assumpsit, brought, in the court of com'mon pleas, by the plaintiff, Bain, for contribution from the defend••ant, Wilson, as co-surety upon a bill of exchange under seal, paid by plaintiff. The cause having been appealed to the district court, was there "tried to a jury, at the August term, 1856, and the verdict being for the defendant, the plaintiff moved the court to set it aside and grant a new trial; but the court overruled the motion and entered judgment upon the, verdict. From the bill of exceptions taken at the trial…
1Opinion of the CourtPeck, J.
The charge asked by the plaintiff in error, if pertinent to the facts proved on the trial, was substantially correct, and'should have been delivered to the jury. And the qualification annexed by the court, if there was any evidence to sustain it, was-also correct, and should have been given to the jury. Indeed, the- *14• court would have failed to discharge its whole duty in the premises, in omitting the qualification, if there was any evidence tending to show that the other parties to the bill had, before the execution of the bill, been accustomed to transact firm ^business of a like character,…
2Cases cited3 opinions
- Fay v. GrimsteedNew York Supreme Court · 1851
- Bethune v. McCrarySupreme Court of Georgia · 1850
- Robards v. WolfeCourt of Appeals of Kentucky · 1833