Winkler v. Chesapeake & Ohio R. R.

Citations

• 12 W. Va. 699
• 1878 W. Va. LEXIS 45

Syllabus

<p>1. The promise of one person to pay the debt of another, though in writing, must be founded on a consideration to make binding ; and if there is an attempt made to declare upon it specially, the count, or counts, must set forth the consideration.</p> <p>2. A special count, that shows a consideration for a promise of one to guarantee the debt of another, and does not allege, that the other has not paid the debt, is fatally defective.</p> <p>8. Where a writing purporting to be signed by an agent, is offered in evidence and objected to, it is error to admit it, until the agency, and the agent’s authority to sign it, is proved.</p> <p>4. If a paper offered in evidence is unobjectionable on its face, and the only objection is as to the time it should be introduced, its relevancy not then being apparent, it is not error to admit it, if other evidence is subsequently introduced, showing its relevancy. The court will not control a party in the mere order of introducing his evidence.</p> <p>5. It is error to instruct the jury hypothetically, upon a state of facts where there is no evidence in the case tending to prove such facts.</p> <p>6. It is error to instruct the jury, that the evidence in the case is insufficient to sustain the declaration.</p>