New Jersey Equity Reports Volume 43

New Jersey Equity Reports 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. 1888 edition. Excerpt: ...detriment to the party consenting to a compromise, arising from the alteration in his position, forms the real consideration which gives validity to the promise. The only elements necessary to a valid agreement of compromise are the reality of the claim made, and the bona fides of the compromise." And what I understand is meant by the phrase, " the reality of the claim made," is that the claimant shall assert his claim in good faith, believing that it is real, or, in the language of Lord Justice Cotton, in Miles v. New Zealand A(ford Estate Company, L. R. (32 Ch. Div.) 266', "a claim is honest if the claimant does not know that his claim is nnsubstantial, or if he does not know the facts which show that his claim is a bad one." The court, in deciding Grandin v. Grandin, adopted the principle established by the court of Queen's Bench, in Cook v. Wright, 1 B. &-S. 559. That case was heard by Cockburn, C. J., and Blackburn and Wiglitinan, JJ. The material facts, as stated in the opinion of Mr. Justice Blackburn, were: " The defendant was agent for a Mrs. Bennett, who was a non-resident owner of houses in a district subject to a local act. Work had been done in the adjoining street by the commissioners for executing the act, the expenses for which, under the provisions of the act, they charged on the owners of the adjoining houses. Notice had been given to the defendant, as if he had himself been the 0vner of the houses, calling on him to pay the proportion chargeable in respect to them. He attended at a board meeting of the commissioners, and objected both to the amount and nature of the charge, and also stated that he was not the owner of the houses, and that Mrs. Bennett was. He was told that...
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Product details

  • Paperback | 276 pages
  • 189 x 246 x 15mm | 499g
  • United States
  • English
  • black & white illustrations
  • 1236882180
  • 9781236882189