The Personal Property Law of the State of New York; Being Chapter Forty-Seven of the General Laws (Became a Law May 13, 1897; Chapter 417, Laws of 1897)

The Personal Property Law of the State of New York; Being Chapter Forty-Seven of the General Laws (Became a Law May 13, 1897; Chapter 417, Laws of 1897)

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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. 1900 edition. Excerpt: ...and so that one reading the writing may understand from it what the agreement really is.' (2) T /ze existence, or the acknowledgment of the existence, of a legal e0nsia"erati0n for the support 0f the pact is not only essential but absolutely indispensable. ' 5 Church v. Brown, 21 N. Y. at pp. 3I6, 332; Drake v. Seaman, 97 id. at p. 234; Newbery v. Wall, 65 id. 484, et 1/ide infra, " Consideration." 'Wright v. Weeks, 25 N. Y. I53; Peabody v. Speyers, 56 id. '230; Newbery v. Wall, 65 id. 484, 488; Stone v. Browning, 68 id. 598, 604; Drake v. The required writing, " note " or " mem0randum," in order to be suflicient to validate the agreement within the statute, must contain the substance of a completgagreement so that the full intention of the parties can be ascertained from it alone without recourse to parol evidence.' While the note or memorandum may consist of several papers (forming one in law'), it cannot be partly in writing and partly by parol;3 it may be in the shape of a telegram or letter, or both;' it may be written in pencil as well as in ink;" it may be a letter to a third person;' it may be contained in the minute book of a corporation.' If the real contract of the parties may be ascertained from the writing, it is sufficient even if extrinsic evidence is necessary to prove a case made on the writing." It need not be a final instrument in a transaction.' It need not be made at the time.' The Consideration of the Agreement must not Rest in Parol. While the existence of a legal consideration is necessary to give validity and force to the writing," it may not be necessary to express in so many words the consideration...show more

Product details

  • Paperback | 56 pages
  • 189 x 246 x 3mm | 118g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236795253
  • 9781236795250