18 Pa. 261 | Pa. | 1852
The opinion of the Court was delivered, by
In this case we are unable to perceive any error in the proceedings of the Court below. On the contrary, we are gratified to find that the Court was so properly impressed in regard to its powers and duties, and so careful of the rights of the parties, as to instruct the jury distinctly that “ the question of what is due diligence in making a demand upon the drawer, when the facts are undisputed, is a question of law exclusively, and that where it depends upon controverted facts, it is for the jury to determine what the facts are; and if the facts are ascertained the law settles it, whether there has been due diligence.” There was no error in this instruction.
But it seems that the notary undertook to draw to himself the cognisance of the whole question of law and fact by a sweeping certificate that he had “made diligent search and inquiry” for the drawers. The judge admitted this certificate in evidence, and that
Judgment affirmed.