226 Pa. 241 | Pa. | 1910
Opinion by
The suit was against the defendant as indorser of two promissory notes, each for $3,000, drawn by the West Penn
“ Now on the part of the plaintiff it is claimed that although Mr. Davies had been arrested on the information of the plaintiff, that he was discharged by the justice, that he was discharged about ten o’clock in the morning, and Mr. Goldberg claims that the settlement took place about four o’clock in the afternoon at Mr. Kline’s office. If that is the view you take of the evidence, gentlemen, then there was no duress at that time, — he had been discharged, and was at liberty to go.”
If this narrowed the issue unduly, as perhaps it did, since, as stated, it seems to omit some elements which are ordinarily considered important if not material in cases of this character, it is a matter which does not concern us in this inquiry. Both sides evidently were content that the case should be submitted in the way it was, inasmuch as no exception appears. The jury found for the plaintiff, that is, that the settlement was not made while Davies was under arrest. Nothing is assigned for error except failure on the part of .the trial judge in his charge to direct attention to certain alleged admissions by Goldberg when a witness on the stand; the charge of the court as a whole, which it is claimed was unfair and inadequate, and refusal of the motion for a new trial. The charge clearly stated the issue, and was a full and fair presentation of the claims made on either side as to what were 'the proven facts in the case. The testimony of the individual witnesses was not reviewed or discussed. The complaint is that the jury’s attention was not specially directed to certain admissions by the plaintiff which it is claimed were inconsistent with his present demands. This much the defendant would have had a right to expect had the trial judge attempted any review or discussion of the plaintiff’s testimony; but he did not. What he said was simply with a view to bring clearly and distinctly to the minds of the jury what each side claimed to be established by the evidence, and no reference was made to the testimony of the individual witnesses. After stating very clearly what was claimed on one side and the other to be the facts established, he charged as fellows: “Now in determining the questions of
The refusal of the motion for a new trial is not a proper subject for an assignment of error. It was within the reasonable discretion of the court below to. grant or refuse the motion. The assignments are without merit and the judgment is affirmed.