...sufficient to take the case out of the Statute. This direction was held by the Court to be wrong ; and that it should have been left to the jury to say whether he used the words, he " would not pay " in jest, and without any intention of refusing to pay. In Ball...

...had inspected and approved of them. Judge Casey nonsuited the plaintiff, who appealed. THE COURT held that it should have been left to the jury to say whether the sheep had been disposed of by the defendant or his agents before the plaintiff inspected them,...

...defendant would be liable for any injury he sustained by reason of the negligence of its servants. Held, that it should have been left to the jury to say whether the train-master had any authority to give the defendant's consent for plaintiff to ride on the car....

...between plaintiff and M., and therefore within the Statute of Frauds ; but by Allen, CJ, and Palmer, J., that it should have been left to the jury to say whether H.'s promise was primary or collateral. Held, by Allen, CJ, and Palmer and King, JJ., (Wetmore, J.,...

...for the jury to say whether it was in substance the same." Yet MARTIN, B., in 5 H. & N., 517, thinks that it should have been left to the jury to say whether John Blurton and John Blurton & Co. are not substantially the same. So where a firm's name is Charles...

...Frederick v. Clemens, 60 Mo. 313, where the essential facts were similar to those in this case, it was said that it should have been left to the jury to say whether defendant, without negligence on his part, signed .the note sued on in ignorance of its true character,...

...indemnity. Briefly epitomizing, therefore, the case which is here presented, we are of the opinion that it should have been left to the jury to say whether or not the transaction attending the giving of these notes was a mere cover for usury, of which the...

...were improperly directed that the plaintiff was estopped by her own act from raising the question, and that it should have been left to the jury to say, whether the whole of the land was taken and entered upon by the Company for the purposes of the railway ; there...

...suspicious, the mere production of the ticket was not sufficient to entitle plaintiff to recover, but that it should have been left to the jury to say whether plaintiff had procured it fairly, or was attempting an imposition. Davis v. Railway Co.. 20 UCQB 27....

...succeeding month, but had other property : — Held, that this was not per se an act of bankruptcy, but that it should have been left to the jury to say whether the conveyance was a fraudulent preference. lialme v. ftuttiirt, 2 Y. & J. 101. Pressure.] — A deed...