Mayer Bros. v. Wilkins

Citations

• 37 Fla. 244

Syllabus

<p>1. It is the established rule of this court that a general exception-to a charge will not be good if the charge contains a single correct proposition of law applicable to the case, and also that an exception to a portion of a charge must be considered m connection with the -remainder on the same subject, and if the charge, taken as an entirety, is free from the objection-urged, the exception to a part can not be sustained.</p> <p>2. Where a paragraph of a charge excepted to is complete in itself, presenting the case to the jury on one theory, and the paragraph contains an erroneous review of the law as applicable to the facts, the error will not be cured by another correct paragraph in the charge in the alternative, presenting another view of the case upon which a verdict could be rendered, where it can not be ascertained upon which view the-verdict was rendered.</p> <p>3. The trial judge may charge the jury as to the presumptions-which the law by settled rule draws from given facts; but an inference of a fact, or the conclusion of the existence of a fact from some other fact or facts is drawn by the jury.</p> <p>4. In case of fraudulent mixture of goods, and they are capable of identification and separation, it devolves upon the party whose wrongful act caused the' confusion to separate and identify them, and if this can not be done, and the other party’s rights be incapable otherwise of complete protection, the loss must fall upon the one fraudulently mixing the goods.</p> <p>5. If personal property be bought and paid for by one person, and and the title by his direction is conveyed to another by the vendor, creditors of the person buying the property can not reach it by execution at law, but mpst seek relief in equity.</p> <p>6. It is not error to refuse a charge, though correct as a legal proposition, based upon a state of facts not shown by the evidence to exist.</p> <p>7. Goods purchased by one from an assignee for the benefit of creditors, with the knowled