Samuel Blatchford

“ As the direction of a verdict for the defendant appears to have been rested on the instruction that there was not sufficient evidence, to be submitted to the jury, of a new promise to take the case out of the statute of limitations, and as, if the jury had found that there was such new promise, there was evidence on both sides for the consideration of the jury on the other issues, under proper instructions, and the bills of exceptions do not purport to set out all the evidence on such other issues, a new trial must be had. ”

“ I think I cannot be much mistaken; that was, as near as possible, the very language he used. I said to Cooley: 'Are you going to pay me that money due me in that Hudnall case, or are you going to force me to further legal proceedings to get it?' He said: 'Mr. Spaids, you ought to have had your money long ago, but Mr. Clark is behaving very badly in the matter; he has a portion of the money in his hands and refuses to contribute towards paying you, and I do not know but that I will have to pay you myself.' And this was all the evidence offered by the plaintiff in support of the new promise. ”

“ The place where the deposition was taken sufficiently appears. The fact that there were no cross-interrogatories cannot affect the regularity, because, under the order for the commission, made 12 days before it issued, and providing for the taking of the testimony 'on the interrogatories and cross-interrogatories filed herein,' it was for the defendant to show distinctly that there were cross-interrogatories filed which had not been annexed to the commission. ”