Erickson v. Sophy

Citations

• 10 S.D. 71
• 71 N.W. 758
• 1897 S.D. LEXIS 16

Syllabus

<p>1. When the evidence is conflicting, the supreme court will not weigh the same, or go further than to see that there is sufficient legal evidence to support the verdict.</p> <p>2. Error in the exclusion of evidence is cured by its subsequent admission.</p> <p>3. Where the defense to plaintiff’s cause of action, is the value of goods furnished plaintiff’s husband, which defendant claimed plaintiff agreed might be deducted from her claim, defendant, over plaintiff’s objection, should not be permitted to testify as to whether credit extended plaintiff and husband was in accordance with the agreement between him and plaintiff, since it calls for the witness’s conclusion. •</p> <p>4. It was conceded that the sum of money sued for at one time was due plaintiff, for which defendant gave a due bill, which plaintiff claimed was lost. Held, not error to charge that, if the due bill was in the ordinary form, plaintiff should recover, since the ordinary form of a due bill is the mere acknowledgment of a debt in writing, where the defense was based on a special provision claimed to be in the due bill.</p>