22 S.C. 585 | S.C. | 1885
Opinion by
Held, that the presumption of payment is applicable as well to cases in which a bar is prescribed by the statute of limitations as to other cases, and therefore there was no error in refusing the first clause of the request; that the second clause of the request states a correct principle of law, but the judge was not bound to separate it from the incorrect principle with which it was connected in this request. Moreover, under the charge of the judge, the jury must have found that there was no new promise, and therefore the refusal of the judge was immaterial.
Judgment affirmed.