Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 107

Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 107

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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. 1909 edition. Excerpt: ...his own act to his contractual relations with the defendant. Confronted with this written order to cancel his policy, and the conceded fact that it was accordingly cancelled, and all claims under it thus deliberately abandoned and extinguished, his executor, the plaintiff, six years after such cancellation, seeks to avoid this confessed cancellation by pleading that his testator was induced to write his letter of March lst by the statements in the defendant's letter of February 8th, which he sets out rwrbatim. In other words, the plaintiff relies on this letter of February 8th, 1898, as a sufiicient reason for an effectual repudiation by him of the order to cancel the policy given by his testator on March lst, 1898. Now, if it were conceded that a contract annulled by mutual consent, and remaining' annulled for six years could, under any circumstances be renewed and its obligations restored upon the simple ground that the party at whose instance it was thus cancelled alleges that he had been misled into such action by the other party by some fraudulent misstatement or concealment of a matter of material, ascertainable fact, we Md. Argument ot Counsel. have no such case here. But for the letter of February 8th, X898, the contention is that the letter of March lst, 1898, would not have been written and the policy mzlg/It not have been abandoned and cancelled and hence, after the death of the plaintiff's testator, the plaintiff, as his executor, can successfully repudiate his testator's act and for the benefit of his estate treat the policy as not thus cancelled. Let us look now to the letter of February 8th, and see what untrue or fraudulent statement it contains, the subsequent discovery of which authorizes the subsequent letter more

Product details

  • Paperback | 278 pages
  • 189 x 246 x 15mm | 499g
  • United States
  • English
  • black & white illustrations
  • 1236737431
  • 9781236737434