49 A. 414 | Md. | 1901
Suit was brought by the administrator of Benjamin G. Harris against William F. McCarty on certain promissory notes made by the latter and payable to the plaintiff's decedent. The defendant pleaded never promised, never indebted and also specially that the notes sued on had been given by the defendant to Benjamin G. Harris, whilst Harris and the defendant were co-partners, and that the notes had relation to a partnership transaction which has not yet been consummated inasmuch as the affairs of the partnership have not been adjusted. Issue was joined on the first and second pleas; the third plea was traversed and upon this traverse an issue was framed. The case then went to trial; the signature to the notes was proved to be in the handwriting of the defendant, though that was unnecessary because the pleadings did not put that fact in issue. (Code, Art.
It is apparent that the whole law of the case was fairly submitted to the jury by the instructions which the Court gave. It was competent for the Court to reject all the prayers offered and grant instructions to the jury in its own language; and where these are correct and cover the whole ground, the judgment will not be reversed, even though some of the rejected prayers might properly have been granted. P.W. B.R.R. Co. v. Harper,