Denniston v. Hill
Denniston v. Hill
Opinion of the Court
This case involved questions of fact which were properly submitted to the jury with substantially correct and adequate instructions as to the law relating thereto. Their verdict for the plaintiff necessarily implies a finding of all the material facts in his favor; and, unless the learned trial judge erred in one or more of the particulars complained of, the judgment should not be disturbed.
There is no complaint as to the admission or rejection of testimony. One of the errors alleged is the affirmance of plaintiff’s fifth request for instructions. Five of the others are the refusal of the court to affirm defendant’s requests for instructions,' recited therein respectively; and the remaining three are to portions of the learned judge’s general charge. Our examination of the record has not convinced us that any of these specifications should be sustained; nor do we think that either of them requires discussion. As to the question, whether the defendant indorsed the note in suit with knowledge of the circumstances connected with the transfer of certain property, etc., to the so-called syndicate, the testimony was conflicting, but we think it was sufficient to justify the submission of that ques
Judgment affirmed.
Reference
- Full Case Name
- J. F. Denniston v. S. W. Hill
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Promissory note — Principal and surety — Evidence—Question for jury. In a suit upon a promissory note against an accommodation indorser, it appeared that at the time of the indorsement the plaintiff, the holder of the note, had certain property which had been conveyed to him by the maker as security for certain obligations, including the debt for which the note was given. This conveyance had been made before the indorsement of the note in suit which was the last of a series of renewal notes, all indorsed by defendant. The plaintiff with other creditors entered into an agreement to pool the securities held by each of them, and to divide the proceeds thereof pro rata. Plaintiff claimed that defendant knew of this agreement by which the property held as security was turned over to the syndicate before he indorsed the note. The defendant denied thathe knew anything about it until the maturity of the note. The testimony tended to show that the property turned into the pool was not sufficient to pay the debt other than the note which the maker owed to plaintiff. The evidence showed that the pool retained the securities for some time, paying the taxes and interest upon a mortgage, and that subsequently a portion of the property was sold at a loss. The whole case was left to the jury, and a verdict and judgment rendered for plaintiff. Held, that the judgment should be affirmed.