Remington v. Harrington
Ohio Supreme Court
This case was submitted to the jury, on the last circuit, in the county of Cuyahoga, and reserved for decision in this court, on a motion filed by the defendant’s counsel for a new trial. The action was founded on a negotiable note for the sum of $800, payable six months after date, to the order of the defendant, at the Bank of Cleveland, signed by Luke Ripley, and by the defendant indorsed to the plaintiff.
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This case was submitted to the jury, on the last circuit, in the county of Cuyahoga, and reserved for decision in this court, on a motion filed by the defendant’s counsel for a new trial. The action was founded on a negotiable note for the sum of $800, payable six months after date, to the order of the defendant, at the Bank of Cleveland, signed by Luke Ripley, and by the defendant indorsed to the plaintiff. The defendant plead the general issue, and gave notice of set off in the usual form. On the trial, the plaintiff, after having given the note in evidence to the jury, offered other proof,…
1Opinion of the Court
Judge Wood
delivered the opinion of the court, as follows ■
Two questions arise in this case for decision: 1. Was the testimony offered by the plaintiff, objected to by the defendant, and admitted by the court, proper for the consideration of the jury? 2. Was that evidence sufficient to warrant the jury in finding for the plaintiff? The fii-st point is not embraced in the motion, and to the points there made, the discussions of counsel ^should, in ordinary cases, be confined, because they are the only notice to the opposite party of the questions to be raised, and constitute the substratum on…
2Cases cited3 opinions
- Lindenberger v. BeallSupreme Court of the United States · 1821
- Woodbridge v. BrighamMassachusetts Supreme Judicial Court · 1815
- Strang v. BarberNew York Supreme Court · 1800
3Cited by3 opinions
- Forkapa Realty Co. v. Brandt Co.Ohio Court of Appeals · 1927
- Hare v. CookOhio Circuit Courts · 1905
- Klein v. StewartOhio Court of Appeals · 1927