...of value, npon the undisputed facts of the agreement and of the silence of the plaintiffs, wns one of law for the court, and not of fact for the Jury; and that silence only as to value amounted to such an imposition upon the defendant as would relieve...

...particular act does or does not fall within the general power of a cashier has been said to be a question of law for the court, and not of fact for the jury. Farmers & Mechanics' Bank v. Troy City Bank, 1 Dougl. 457; Peninsular Bank v. Hanmer, 14 Mich. 208;...

...(providing that the killing shall be prima facie evidence of negligence of the company,) is overcome, is one of law for the court, and not of fact for the jury. 3. Same— Pleading — Appraisement— Section 6S0, CC Pro. In an action against a railroad company...

...Ev., sec. 23; Ferry v. Taylor, 33 Mo. 333 ; Bank v. Seymour, 31 N. "W. Rep. 145. (6) It is a question of law for the court, and not of fact for the jury, whether an offer of a certain sum of money was with a view to a compromise, and, therefore, not proper...

...(NY) 423. Whether a person claiming to be assignee by a written instrument is so or not, is a question of law for the court, and not of fact for the jury. Clark v. Edney, 6 Ired. (N. Car.) 50. In an action on a bond by the assignee, where the plea denies...

...Baltimore & Ohio R. Co., 16 How. 314, 334. 9. Whether a contract is opposed to public policy is a question of law for the court and not of fact for the jury. — In Pierce v. Randolph, 12 Tex. 290, the trial court submitted the question to the jury, and this...

...a verdict should be directed for the defendant. Whether or not the evidence so tends, is a question of law for the court, and not of fact for the jury." Trumbull Common Pleas. Under pressure of hurried disposition of cases correct conception of the rule...

...of words is question for jury. See Slander, 25. 2. Construction of written instruments is a matter of law for the court and not of fact for the jury, unless the meaning and construction are doubtful and depend upon extrinsic evidence. (Aguirre V. Alexander,...

...none before." All the essential facts in the present case are undisputed, and the question was one of law for the court, and not of fact for the Jury. In this connection I quote, with approval, the language of the court of appeals of New York, In Appleby...

...none before. " AJ1 the essential facts in the present case are undisputed, and the question was one of law for the court, and not of fact for the jury. In this connection I quote, with approval, the language of the court of appeals of New York, in Appleby...