Appellate Divison of the Supreme Court

Appellate Divison of the Supreme Court

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ...See also: Digby v Legard, Ames' Cases on Trusts, p. 214 and note. Perry on Trusts, 159-160. Pomeroy Eq. Jur., 1032. 10 Am. & Eng. Enc. Law, p. 51. 6. Fol. 151. The remarks under the preceding exception apply to this one. 7. Fol. 156. The plaintiff was to pay certain expenses connected with the undertaking. A claim was subsequently made for a balance remaining unpaid. Therefore, for the purpose of settling the accounts between the parties, it is certainly material to show what he did pay. Percy, it will be remembered, was the man who bored the first well, for which the plaintiff agreed to pay. The agreement is Exhibit 6 (pp. 28-30). 8. Fol. 176. It is not surprising that the defendants' counsel attempted to exclude this letter from the defendant Varker, for it shows that the defendants did not sell any of Reilly's interest to pay the balance of the debt due Percy, as Reilly had authorized them to do (fols. 170-1), but that they borrowed the money and so paid Percy. Reilly never gave them any subsequent authority to sell any part of his interest (fols 2S2, 305-6). He therefore retained a full third interest, and is merely indebted to Freeman and Varker for so much money as they paid to his use. The letter, therefore, is both relevant and material in the highest degree. 9. Fol. 178. This is an exception to a letter from Varker. Any letters between the parties concerning their interests are, of course, relevant and material. 10. Fol. 178. The remarks under the preceding exception apply also to this one. 11. Fol. l!2. As is shown at length in the statement of facts supra, pp. 12-16) the options of the New York Rock Salt Company, its only property, were transferred by Freeman, one of the partners and a director in that...show more

Product details

  • Paperback | 274 pages
  • 189 x 246 x 15mm | 494g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236963237
  • 9781236963239