15 Me. 225 | Me. | 1839
After a continuance, the opinion of the Court was drawn up by
The plaintiff in this case is in no better condition, than the payee of the note. Does the case prove such fraud
It is also insisted, that the evidence should have been submitted to the consideration of the jury. Fraud, being a question of intention usually, is in such cases for the jury. It must always necessarily be a question of fact fop the jury, where the law aííbrds no general rule or principle, by which the court can be guided ; for a court cannot in the absence of legal rules, as a jury can, draw conclusions from the ordinary rules of honest and fair dealing.
It might have been more regular to have informed the jury, what the law required to be proved to avoid the note, and to have called their attention to the testimony, by which they would have perceived, that the fraud was not proved ; but as it appears from the testimony reported, that the jury would not have been authorized to find a verdict for the defendant, there is no reason for setting it aside. Young v. Covell, 8 Johns. R. 23.
Exceptions overruled.