Copy Papers on Appeal, Case and Exceptions

Copy Papers on Appeal, Case and Exceptions

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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. 1900 edition. Excerpt: ...wereto be derived only from its receipts, to the popular mind, the net receipts would represent the net profits. "Giving that signification to the word in this case, we encounter no difficulties." XI. These statements filed with Lefe.ver were not only incompetent, incorrect, but fraudulently intended to deceive Lefever and to mislead and defraud the owners of the mortgage in their rights. The agreement expressly required that on the 1st day of March, in each year, for the purpose of enabling the said Peter C. Lefever, the mortgagee, to judge and determine when the said sum of twelve thousand dollars is paid, the said James H. VanDemark shall file with-and deliver unto the said Lefever, "a sworn statement of the gross expenditures in carrying on the business upon said premises, and the gross amount of receipts t/ierejrojn." (Fol. 48.) The statement filed with Lefever, for 1867, says: "By net receipts for cement sold, $30,810.00." (Fol. 574.) Mr. VanDemark testifies: "The Lefever statement shows net receipts." "Q. (Mr. Linson.) It doesn't show the gross receipts at all? A. No, I don't think it does." (Fol. 826.) "Q. You filed net receipts, instead of gross receipts? A. Yes." "Q. The statements you filed with Peter C. Lefever, instead of being a statement of gross receipts, is a statement of net receipts, as you made them out? A. I followed tl;e instruction of John S. Fowler as he started in." (Fols. 1150, 1151.) These admissions show a fraudulent mind. That the defendant, James H. VanDemark, intended to be his own judge, fixing the time when he should realize the sum of $12,000 and interest. He is presumed to have intended the direct consequences of his own acts, more

Product details

  • Paperback | 374 pages
  • 189 x 246 x 20mm | 667g
  • United States
  • English
  • black & white illustrations
  • 1236921275
  • 9781236921277