A Manual of Elementary Practice; Being Practical Suggestions on the Beginnings of Legal Practice

A Manual of Elementary Practice; Being Practical Suggestions on the Beginnings of Legal Practice

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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. 1897 edition. Excerpt: ... Bills and Notes; in others, to Notes and Bills; in still others, to Promissory Notes, and yet again, to Negotiable Instruments; while some, perhaps, may entitle the subject Commercial Paper. This lack of uniformity adds to the labors of the profession, and raises the hope that at some future time we may be favored by one name or title for the same thing. 198. A case illustrating the subjects of law to be examined.--By way of illustration, and showing the questions of law involved in a cause, and the different subjects which may be required to be examined, this may be given, although it is a very simple case, and not at all difficult of preparation. Let us suppose that our clients hold the note of a firm given for merchandise, and upon which they desire to bring suit. The defenses, we will say, are two: (1) By one of the alleged partners that he had withdrawn from the firm, and had given notice thereof by publication in a newspaper at the place where the business was carried on. (2) By the other defendants, that the goods for which the note was given were subsequently found not to be of the quality stated in the warranty made by the agent of the vendors. These defenses the plaintiffs are prepared to contradict with evidence; they also claim that they had no personal notice of the partner's withdrawal, and, in addition, will be able to prove that the note upon which the action is to be brought is a renewal of a former note given for the goods so sold; the renewal having been granted by the plaintiffs at the request of the defendants, on the ground of the alleged bad quality of the articles, who also stated that they would waive the defect if the extension was granted. The plaintiffs also advise us that they never had dealings...show more

Product details

  • Paperback | 128 pages
  • 189 x 246 x 7mm | 240g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236788206
  • 9781236788207