Jones' Admr. v. Forsythe

Opinion op the Court by

Judge Robertson :

This case resembles that of Bonta v. Forsythe, decided during the last term, the only difference in the testimony is that, in the adjudged case, there was proof that Forsythe, on the identification of the note, acknowledged to Bonta that he was bound by it, and that in this case no such specific admission was made to Jones; but the facts, as proved, conduce to show that Forsythe recognized his obligation in conversation with other persons.

In this state of case the circuit court ought to have instructed the jury, as asked, in effect, that although they…