White v. Ross

Citations

• 35 Fla. 377

Syllabus

<p>1. Where a partnership exists, until there has been a settlement between the parties and promise by one to pay to the other a balance struck, an action at law can not be maintained by one partner against another on matters growing out of the partnership business, and where a plea in bar of the action setting up the defense that the suit involves partnership transactions, and there has been no final settlement and adjustment of such matters between the partners, is filed along with other pleas in bar, it is not error for the court to submit all the issues in the case to the jury at the same time.</p> <p>2. A charge of the court that submits to the jury, together with essential matters of defense arising out of the evidence, others not essential, will not be declared erroneous as against the plaintiff when the verdict is for the defendant, as such verdict could not be rendered without a finding on the essential fac s in favor of the latter, and the submission of the further and unessential facts would not be harmful to the former.</p> <p>3. The question of credibility of the parties toa suit is one to be settled by the jury.</p>