A Treatise on the Law of Evidence, Volume 2Little, Brown,, 1883 - Evidence (Law) |
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Page 91
... drawer of a bill of exchange had not been duly notified of its dishonor , but nevertheless promised the holder that he would pay it , the promise was held binding . Rodgers v . Stephens , 2 T. R. 713 ; Lundie v . Robertson , 7 East ...
... drawer of a bill of exchange had not been duly notified of its dishonor , but nevertheless promised the holder that he would pay it , the promise was held binding . Rodgers v . Stephens , 2 T. R. 713 ; Lundie v . Robertson , 7 East ...
Page 98
... drawers or makers.5 ( a ) So , if the plaintiff has become the assignee of a debt , with the assent of the debtor , this is equivalent to a loan of the money . So , if A owes a sum definite and certain to B , and B owes the same amount ...
... drawers or makers.5 ( a ) So , if the plaintiff has become the assignee of a debt , with the assent of the debtor , this is equivalent to a loan of the money . So , if A owes a sum definite and certain to B , and B owes the same amount ...
Page 110
... drawer of the bill ; and a banker is in like manner bound to know the handwriting of his own . customers ; so that , in general , where they pay money upon the forgery of such signatures , to an innocent holder of the paper , the loss ...
... drawer of the bill ; and a banker is in like manner bound to know the handwriting of his own . customers ; so that , in general , where they pay money upon the forgery of such signatures , to an innocent holder of the paper , the loss ...
Page 111
... drawer.2 So , if lost or stolen money , or securities , have come to the defendant's hands , mala fide , the owner may recover the value in this form of action.3 § 123. Money paid by mistake . In this manner , In this manner , also ...
... drawer.2 So , if lost or stolen money , or securities , have come to the defendant's hands , mala fide , the owner may recover the value in this form of action.3 § 123. Money paid by mistake . In this manner , In this manner , also ...
Page 143
... drawer or indorser , the lexi loci contractus of the drawer and of the indorser , and not of the acceptor , governs the liabilities of the drawer and of the indorser , respectively . Thus , A drew a bill in favor of B ( both being ...
... drawer or indorser , the lexi loci contractus of the drawer and of the indorser , and not of the acceptor , governs the liabilities of the drawer and of the indorser , respectively . Thus , A drew a bill in favor of B ( both being ...
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Common terms and phrases
acceptance acceptor action actual admissible adultery agent alleged amount arbitrators assumpsit attorney authority averment award Bank bill or note Bing breach burden of proof Campb cause Chitty & Hulme circumstances claim common carrier common law Conn consideration contract court covenant Cush damages debt declaration deed defendant defendant's demand drawer East fact fraud Gray Mass Greenl Hagg held holder Hulme on Bills indorser injury insured issue Johns judgment jury land Law & Eq liable libel loss malice marriage ment mitigation of damages negligence non est factum notice paid partner party payable payment Penn person Pick plaintiff plea pleaded presumption prima facie principal promise promissory note prove question R. R. Co reasonable received recover rule seisin Smith Stark Stat statute statute of limitations Story on Bills sufficient suit supra Taunt tion tort trespass unless Wend witness
Popular passages
Page 358 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 357 - Can a medical man, conversant with the disease of insanity, who never saw the prisoner previously to the trial, but who was present during the whole trial and the examination of all the witnesses, be asked his opinion as to the state of the prisoner's mind at the time of the commission of the alleged crime ? or his opinion whether the prisoner was conscious at the time of doing the act, that he was acting contrary to law, or whether he was laboring under any and what delusion at the time?
Page 356 - The mode of putting the latter part of the question to the jury on these occasions has generally been whether the accused at the time of doing the act knew the difference between right and wrong...
Page 357 - ... (notwithstanding the party accused did the act complained of with a view, under the influence of insane delusion, of redressing or revenging some supposed grievance or injury, or of producing some public benefit) he is nevertheless punishable, according to the nature of the crime committed, if he knew, at the time of committing such crime, that he was acting contrary to law; by which expression we understand your Lordships to mean the law of the land.
Page 472 - A partnership is a contract of two or more competent persons, to place their money, effects, labor, and skill, or some or all of them, in lawful commerce or business, and to divide the...
Page 401 - ... fairly made by a person in the discharge of some public or private duty, whether legal or moral, or in the conduct of his own affairs, in matters where his interest is concerned.
Page 357 - What are the proper questions to be submitted to the jury, where a person alleged to be afflicted with insane delusion respecting one or more particular subjects or persons, is charged with the commission of a crime (murder, for example), and insanity is set up as a defence?" And, thirdly, "In what terms ought the question to be left to the jury as to the prisoner's state of mind at the time when the act was committed?
Page 354 - A man is not to be excused from responsibility, if he has capacity and reason sufficient to enable him to distinguish between right and wrong as to the particular act he is then doing; a knowledge and consciousness that the act he is doing is wrong and criminal, and will subject him to punishment.
Page 641 - ... such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation shall be necessary.
Page 462 - ... in an action for nuisance to property, arising from noxious vapors, the injury to be actionable must be such as visibly to diminish the value of the property and the comfort and enjoyment of it.