Cases Argued and Determined in the Supreme Court of Colorado Volume 60

Cases Argued and Determined in the Supreme Court of Colorado Volume 60

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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. 1916 edition. Excerpt: ...per cent on bal ances due may have had considerable weight with the jury in determining this controverted question. The old contract, having been superseded, was not admissible, if proper objection was made to it. The objection to the interrogatories included the evidence sought to be adduced by them, and interrogatory 8 sought to show the fact that a statement had been made in 1893 to pay interest on balances due. Interrogatory 9 was not a question, but a direction to the deponent to attach the instrument as an exhibit, and such a direction is frequently included in a question concerning a written instrument. The question as to the materiality and relevancy of the paper was in fact determined when the objection was overruled, since there could be no ground for evidence of the existence of the instrument, in this case. unless it was to be used as evidence. The court, in overruling the objection, held that the jury should be allowed to consider the two agreements and determine their status. This was a determination that the paper was admissible, and there was, after this ruling, no reason for the defendant's making further objection to the admission of the statement. We are of the opinion that the assignment of error on that ruling is well taken. It is further contended that there was an improper method adopted in ascertaining the amount due plaintiff under the agreement of November, 1909, in that the interest was computed on overdue bills before the discount was allowed. ' From the testimony of McCarthy, book-keeper for defendant in error, it appears that the amount due was thus computed. Counsel for defendant in error insist that it is immaterial whether the interest be computed on the face of the bills, and the discount deducted...show more

Product details

  • Paperback | 214 pages
  • 189 x 246 x 11mm | 390g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236940024
  • 9781236940025