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HALL V. WEARE, 92 U. S. 728 (1875)

U.S. Supreme Court

Hall v. Weare, 92 U.S. 728 (1875)

Hall v. Weare

92 U.S. 728


1. In a suit upon acceptances amounting to $4,500, the defendants pleaded as a setoff the plaintiff's draft for a like sum, which has been endorsed to them by A., the payee thereof, and protested for nonpayment. The plaintiff replied that his draft was given as a part of the proceeds of a discount by him of A.'s draft for $5,000, which had been procured by A. upon false and fraudulent representations, and that the consideration for it had wholly failed, of all which the defendants, when they received it, had notice. There was evidence at the trial that the plaintiff had, in a suit against A., recovered $4,000 on account of the $5,000 draft. The court instructed the jury that the issues were those tendered by the plaintiff, and that if either was found in his favor, he was entitled to recover. Held that while the instruction, so far as given, was correct, its general effect was misleading, as it tended to withdraw from the notice of the jury the evidence that the failure of consideration for the plaintiff's draft was only partial.

2. The decision of a court below granting counsel the right to open and close arguments to a jury will not be reviewed here, nor is a refusal to grant a new trial assignable in error.

The facts are stated in the opinion of the court.

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