Legal Opinion

Reed v. Evans

Ohio Supreme Court

Decided December 15, 1848PublishedCited by 12 opinions

This is a Writ or Error directed to the Court of Common Pleas of Lucas County. The original action was founded upon the followingguaranty: “ $ 175. For value received I promise to pay to John Forman & A. G. Evans, or order, one hundred and seventy-five dollars with interest from date, to be paid as follows, to wit: one third in one year, one third in two years, and the remaining third in three years.

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This is a Writ or Error directed to the Court of Common Pleas of Lucas County. The original action was founded upon the followingguaranty: “ $ 175. For value received I promise to pay to John Forman & A. G. Evans, or order, one hundred and seventy-five dollars with interest from date, to be paid as follows, to wit: one third in one year, one third in two years, and the remaining third in three years. Witness my hand and seal this 28th day of January, A.D. 1836. Henry Reed, Jr. [seal.] I hereby obligate myself that the above note shall be paid in three years from this 4th day of June, 1838.…

1Opinion of the CourtBirchard, C. J.

This case was submitted to the Court below upon the proofs offered by the plaintiff. Exception was taken to the sufficiency of the testimony offered in support of the action. The Court found it sufficient, and no motion for a new trial was presented. By treating the exception as a demurrer to the evidence, and in no other way, can the questions argued upon the assignment of error be considered. Viewed in this light, the proof offered below should be considered as establishing every fact which may reasonably be inferred from the evidence, without drawing therefrom forced or violent inferences.…

2Cited by12 opinions

  1. In Re the Probate of the Will of O'NeilNew York Court of Appeals · 1883
  2. In Re the Probate of the Last Will & Testament of AndrewsNew York Court of Appeals · 1900
  3. Noyes v. GerardMontana Supreme Court · 1910
  4. Cockrill v. CoxTexas Supreme Court · 1886
  5. Albright v. NorthCalifornia Supreme Court · 1905

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