Court of Appeals 1890 Vol. 30

Court of Appeals 1890 Vol. 30

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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. 1887 edition. Excerpt: ...those very notes to the plaintiff in payment of an indebtedness of the same amount? The avertment that each gave and delivered to the plaintiff the notes.s'ctf0rth in lhe complazhzl, under the circumstances stated in the answer, means that each participated in giving the notes as they are set forth in the complaint, and, as set forth in the complaint, the endorsements are a part of the notes, and is clearly an admission of the endorsement, as well as every other fact necessary for a recovery by the plaintiff. But it would not have been necessary for the plaintiff (in order to have had judgment on the answer) to show that the endorsement was admitted by the answer. If A give to B his note payable to the order of C in payment of his (A's) indebtedness to B, B can recover against A upon the note without C's endorsement. The endorsement is only a mode of transfering the legal title to the note, and the only question in such case is, "Vho is really entitled to the proceeils of the note?' In this case defendant admits that he himself delivered the notes directly to the plaintiff for a consideration which was exactly the sum expressed in the notes, so there can be no question but that the plaintiff was the lawful owner and holder of the notes, a11d entitled to receive the amount therein agreed to be paid. The notes never went into the hands of any other person and of course, it would be absurd to pretend that under the circumstances disclosed in the answer any other person could be entitled to recover upon them. is, that there ho suit was upon the contract the performance of which was disputed by the plaintiff, so that the plaintifi could not recover without proof of performance, while here the action is not upon the...
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Product details

  • Paperback | 342 pages
  • 189 x 246 x 18mm | 612g
  • United States
  • English
  • black & white illustrations
  • 1236816021
  • 9781236816023