Penn v. Lewis

Decided July 15, 1848

Supreme Court of Missouri · decided 1848-07-15

The payee had the right to give the c redit on such note as he pleased, and the offset ought to have been rejected, at all events, the $45 for the horses and spoons ought to have been rejected, as it was argued that this amount should go as a credit upon another note.

Cited by 1 later decisions — most recently October 1880

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1848-07-15

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Scott, judge,

¶1delivered the opinion of the court.

¶2This was an action of assumpsit brought by Penn against the defendants in error on an. assigned promissory note. The cause was submitted to the court sitting as a jury. No instructions were asked and we are only required to review the finding of the court on the evidence.

¶3The judge who heard the witnesses testify, knows best what weight is due to their evidence, and this case falls within that numerous list in which it has been held that this court will not interfere with the verdicts of juries.

¶4The other judges concurring, the judgment will be affirmed.