McMaster's Commercial Cases for the Banker, Treasurer and Credit Man; Current Business Law from the Decisions of the Highest Courts of the Several States Volume 20

McMaster's Commercial Cases for the Banker, Treasurer and Credit Man; Current Business Law from the Decisions of the Highest Courts of the Several States Volume 20

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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. 1917 edition. Excerpt: ...Bank, 127 Tenn. 720, 157 S. W. 414, 415; C., W. & M. R. R. Co. v. Harris, 61 Ind. 290, 291; Boyer v. Tiedman, 34 Ind. 72; Clark v. Lineberger, 44 Ind. 223. Mis joinder of causes of action is not, of itself, ground for reversal. Sections 279-281 Burns 1914; Cargar v. Fee, 140 Ind. 572, 576, 39 N. E. 93; Brown v. Bernham, 159 Ind. 538, 540, 65 N. E. 580. "It is not sufficient that the actions joined should be on money demands, or for the recovery of money. The demands must also arise out of contract. Therefore an action to recover money for a tort cannot be joined with one to recover on a demand arising out of contract. This was the rule before the Code was enacted. And the Code has not changed the rule." 1 Works' Practice, 327 "Giving the Code its most liberal construction, it could hardly be claimed that it authorizes the joinder of two parties in one action, where the judgment against one must be for a tort and the other upon contract." 1 Works' Practice, 317. "The Code has not abolished the distinction between actions sounding in tort and those sounding in contract; nor can causes of action of the two classes be joined." C., W. & M. Ry. v. Harris, 61 Ind. 290, 291. The case at bar presents a question that goes beyond the misjoinder of causes of action where each cause is against the same parties, for it not only joins a suit upon a contract with a suit sounding in tort, but it seeks to hold appellant liable upon a contract to which it is not a party upon facts, that at most only show a liability for a wrong which gives a right of action in no sense " arising out of contract." Our conclusions already announced make it unnecessary to discuss the other questions considered in...show more

Product details

  • Paperback | 286 pages
  • 189 x 246 x 15mm | 513g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236837339
  • 9781236837332