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J. Jackson v. C. Pitman.
COURT OF APPEALS OF KENTUCKY
5 Ky. Op. 550; 1871 Ky. LEXIS 500
June 7, 1871, Decided
PRIOR HISTORY: [**1] APPEAL FROM LAUREL CIRCUIT COURT.
DISPOSITION: Judgment affirmed.
COUNSEL: James, for appellant.
Pearl, for appellee.
JUDGES: Judge Lindsay.
OPINION BY: Lindsay
OPINION
[*551] Opinion by Judge Lindsay:
The court substantially instructed the jury that they should find for the appellant unless they believed he had induced Pitman to trade for the note by conceding that it was a good debt and agreeing that he would pay it. This seems to be in accord with the principle laid down in the cases of Smith v. Stone, 56 Ky. 168, 17 B. Mon. 168, and McBrayer v. Collins, 57 Ky. 833, 18 B. Mon. 833. Appellant was not prejudiced by the refusal of the court to allow him to file his cross petition against Bradley, the original payee of the note.
He had no right to delay Pitman whilst he was litigating with Bradley. The verdict of the jury is not so palpably against the evidence as to authorize this court to reverse the judgment because the court below refused to grant a new trial on that ground.
Judgment affirmed.
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