47 Neb. 289 | Neb. | 1896
The defendants in error commenced this action, against the plaintiffs in error, alleging as the cause thereof, in substance, that on or about the 15th day of August they purchased of plaintiffs in error a horse, or stallion for general breeding purposes; that the value of a horse for such use depends largely upon his being well bred or pure stock; that plaintiffs in error, to induce defendants in error to purchase the horse, falsely and fraudulently represented to “them that said horse was a thoroughly bred German coach horse, registered in the stud book of Germany, and that they would furnish and deliver to the plaintiffs (defendants in error) a certificate of such-registration from the stud books of Germany, showing the registration of such horse therein; that the registration number of said horse in said stud books of Germany was No. 51. Plaintiffs (defendants in error), relying upon such representations, did then
One assignment of the petition in error is as follows: “The court erred in giving the 1st, 2d,, 3d, 4th, 5th, 6th, and 7th paragraphs of the instructions given by the court upon its own motion.” Under this, objections to some of the instructions enumerated are urged in the arguments contained in the brief filed for the complaining parties. Of the instructions against which this assignment is directed, the one designated as “1st” therein is a’part of a statement of the issues, or of the cause of action as outlined in
Another assignment of error is as follows: “The ■court erred in giving the 1st, 2d, and 3d paragraphs of the instructions asked by the defendant in error.” Instruction numbered 2, included in this assignment, reads as follows: “The court instructs the jury that if you find from the evidence that the paper introduced in evidence as plaintiff’s Exhibit B was given by defendants to plaintiff, and represented at the time by defendants to be a certificate of registration or pedigree, when in fact it was neither, this fact is alone a circumstance tending to prove fraud.” It is contended by counsel for plaintiff in error that the trial court, by the use of the words “when in fact it was neither,” referring to Exhibit B, told the jury that the paper was not a certificate of registration or pedigree, and that this should not have been done, but the jury should have been instructed to determine from the evidence whether it was or was not :such a certificate. Let it be conceded, for the purpose of argument, that the instruction was open to .the objection urged against it; then, whether •or not the court erred in giving it must depend upon the answer to another question, viz., was there or not uncontroverted testimony introduced that such paper was not a certificate of registration, or was such fact fully proved and without conflict in the evidence adduced in relation to it? If so, the court did not err in giving the instruction. The determination of this latter query ne
There are other and further assignments of
Affirmed.