M'Rae v. Scott & Saunders
Court of Appeals of Virginia
Appeal from the Superior Court of Chesterfield county. Scott 8? Saunders, surviving partners of the late firm of Lyle, Scott 8? Saunders, brought assumpsit against M'Rae, for the amount of certain goods taken up by the defendant at the store of the plaintiffs. The defendant, pleaded non assumpsit, and the jury rendered a verdict for the plaintiffs. Judgment was given accordingly.
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Appeal from the Superior Court of Chesterfield county. Scott 8? Saunders, surviving partners of the late firm of Lyle, Scott 8? Saunders, brought assumpsit against M'Rae, for the amount of certain goods taken up by the defendant at the store of the plaintiffs. The defendant, pleaded non assumpsit, and the jury rendered a verdict for the plaintiffs. Judgment was given accordingly. At the trial, the defendant filed a bill of exceptions, sta~ ting that at the trial the defendant introduced a witness to prove, that in the latter part of the year 1812, the defendant being engaged at a game of…
1Opinion of the Court
The President
delivered the opinion of the Court.*
The objection to the instruction of the Judge to the jury, which is stated in the bill of exceptions, is, that it involves matter of fact which ought to have been left to the jury. Whether paying the money lost at play by Saunders, one of the plaintiffs, to the defendant, and his receiving it back, under the circumstances stated in the bill of exceptions, was to be regarded, (as was said by the Judge,) in the same light as if the promise had been made directly for the money lost, was matter to be deduced or not, by the jury, from the evidence.…
2Cited by5 opinions
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- Womack v. CircleSupreme Court of Virginia · 1877
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