Fitzgerald v. Jerolaman

Suit upon promissory notes. Answer and reply. Trial by jury, judgment for plaintiff.

We are not able to discover any error in the case.

The Court was asked to give a legal instruction in the cause. The instruction was refused, and an exception entered. But the reason of the refusal of the instruction is not given, nor does the record exclude the presumption that it may have been refused for a sufficient reason. It should do so.

An instruction asserting a correct legal principle may be rightly refused for any one of at least three reasons—

1. That it is not pertinent to the particular case, as…