Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-02-13
MONDAY reDruary y, 1908
GENERAL DOCKET.

MONDAY, February 9, 1868.
GENERAL DOCKET.
Nos. Thomas J. Dudley v. Geauga Iron Company.
Error to Court of Common Pleas OF Lake county Re.
served In the District COURT Of said county.
Where objection was made to an item Of credit In an
rendered by party to another and notice of
the objection was given at the time Of its rendition or
soon after and the balance shown by the account TO
dered carried forward into subsequent accounts rem
dered, which received and filed without objection,
but without waving Withdrawing the objection to the
disputed item Of credit and the party rendering the
counts aeward settled and paid the balance exhibited
against him by his accounts SO rendered. and obtained
receipt therefo under agreement that the said dis
putsd item should remain open and not be considered
acquiesced In By the other party-ied:
/. That to the disputed item Of credit the accounts
rendered are not 70 be regarded as accounts stated
g. Judgment will not tie reversed account Of the
admission Of improper evidence, unless the evidence
admitted Is set out Its character s shown TO bs such
would tend to the prejudice Of the party asking the
reversal
5. where In petition framed under the 1924 section
OF the Code, certain 10 stated to be due "on the
account for goods sold and deiDersd BY the plaintiff to
the defendant copy of which il hereto attached and
the contains Items which not for goods sold
and delivered, but which all proper subjects OF &C.
count and the defendant answers to the merits, without
objection to the petition tits not to admit evidence
the trial In support Of the items which not for
| goods sold and delivered F
judgment affirmed in part and reversed in part on &C.
count Of error In computation.
Peck and Gholson, JJ., dissent.
No. 95 The Palestine, Brohetsville, New Pars and
New Wes'yilis Turnpike Company y. William Wooden:
| in the District Court. ss l.l
Brinkerhoof, j. Held ..r .... o. .
The stockholders In turnpike company, incorporated
prior to the adoption Of the constitution Of 1851 are in
dyidually liable under the act Of May 1882 defining
the powers OF Plank and Turnpike Road Companies" q
curwen Stat 1852 only for the payment Of such bonds
money with which to construct the road Of such com
pany, some part thereofi and not for the paymen
such bonds are issued for the payment Of indebted
ness Of the company then exstng and an
shareholders In the manner pointed out by the act
April 8, 1856, for the relief Of certain Turnpike an,
S Inc above
bonds, Is unwarranted by law.
Judgment affirmed.
No. 81. Ell Hadley and W. b. Hawkins " The Clin
ton County Importing Company. Error to Diltric
i Court OF Clinton county. .
In executed contracts Of sale Of personal property
the rule Of the common law Is, cGpsdt enlptoT AM
there ID implied warranty as to the quality Of the
tcie sold. But fraud In the vendor constitutes an
ception to the rule.
5. Where the evidence tended to show that COW ha
been sold and purchased for breeder and to improv
the PLAINTIFF herd Of cattle, that there latent de
feet which would greatly impair, not destroy her
pacity to breed that this known TO the vendors
unknown to the vendees, and was not disclosed at th
time Of hale and charge was asked that these fact
found BY the jury then and in that case the Dc
PENDANTS would be guilty Of practicng fraud held
that the charge properly Refused asking from th
court conclusion Of fact and not matter Of law.
3. The court in response to the charge asked, sail
to the Jury, that the rule OF oGvedt enfor applied
the case, and then In general referred to th
distinction between moral and legal fraud. and the ne
cessly that the faudhoud be actfceheld, that nnde
the circumstances Of tho case the charge calculated
to mislead the Jury. sr fIt ,rcaH
Judgment reversed.
No, 56. John Gardner and others v, Parker J. Gard
Ross county. A A ci 20 20
! eutif, O.J. gG l;cr