Lawyers' Reports Annotated Volume 43

Lawyers' Reports Annotated Volume 43

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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. 1905 edition. Excerpt: ...that the note and agreement to take stock were conditional upon the construction and completion of the railroad before the maturity of the note, and that such condition had not been performed, will not be disturbed on appeal where the evidence Is conflicting and there Is sufficient evidence to sustain the finding. Jefferson v. Hewitt, 103 Cal. 624. So, a condition In a deed conveying a part of two patent rights, that the sale Is to become void upon a default In either or any of the payments, Is for the benefit and security of the vendors, which they alone can waive, and it cannot be given In evidence as a defense to an action upon notes given for the purchase price. Ocklngton v. Law, 66 Me. 551. And an agreement between the parties to a note that If a suit pending between them should be decided In favor of the payee he would take the note In payment, cannot be set up as a defense In an action upon the note after It becomes due, though the suit had not yet been decided, as the promise to receive the note Instead of cash If the suit was decided In favor of the payee was for his benefit, and not that of the promisor. DaCosta v. O'Rourke, 12 Phlla. 224. And a condition annexed to a promissory note, that If the amount of the note Is not legally due upon other designated notes given by the maker upon which certain payments had been made, the note In question Is not to be paid, otherwise to be paid In full, Is In the nature of a defeasance or condition subsequent for the benefit of the maker of the note, and the burden of proof will rest with him as the person for whose benefit It was annexed. McDuffle v. Mngoon, 26 Vt 518. So, where a note Is made by an attorney for one of the parties to a litigation to the opposing party on settlement between...
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Product details

  • Paperback | 918 pages
  • 189 x 246 x 46mm | 1,606g
  • United States
  • English
  • black & white illustrations
  • 1236799380
  • 9781236799388