Select Cases Argued and Adjudged in the High Court of Chancery; Before the Late Lords Commissioners of the Great Seal, and the Late Lord Chancellor King, from the Year 1724 to 1733; With Two Tables, One of the Names of the Cases, and the

Select Cases Argued and Adjudged in the High Court of Chancery; Before the Late Lords Commissioners of the Great Seal, and the Late Lord Chancellor King, from the Year 1724 to 1733; With Two Tables, One of the Names of the Cases, and the

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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. 1851 edition. Excerpt: ...in any such cause: saving just exceptions; and that any interest which such defendant so to be examined may have in the matters, or any of the matters in question in the cause, shall not be deemed a just exception to the testimony of such defendant, but shall only be considered as affecting or tending to affect the credit of such defendant as a witness. Under this statute, it has been held, that it was not a valid exception to the testimony of one of two defendants that both defendants had exactly the same interest, the title of both depending on the same issue: Wood v. Rowclifi'e, 6 Hare, 183; sed vide Monday v. Guyer, 1 De G. & S. 182. Lord Gottenham, in the recent case of Clarke v. Wyburn, 12 J ur. 613, expressed his opinion, that where there were several defendants, and one alone had a substantial interest in defeating the claim of the plaintiff, the evidence of the defendant so inter CRULL v. DODSON. 105 ested was not rendered admissible by the statute. record cannot be examined as a wit It is an absolute rule of practice, ness in the cause: Fisher v. Fisher, and which remains unaffected by 2 Phil. 236. the statute, that a plaintiff on the Bargains relating to stock are within the Statute of Frauds; and, if earnest not given, are mtda pacta. THE defendant was a broker, and had 5000l. South Sea Stock of the plaintiff's in his bands, who told him he would sell when stock came to 200l. The defendant, when the stock was risen beyond that price, told him he had sold 1000l. of it to one at 200l. per cent. and 5001. to another, who was his partner, and the rest he had taken himself at that price3 and entries were made in his books accordingly, but in such a manner, that it looked as if done after the rise of stock, and only...show more

Product details

  • Paperback | 88 pages
  • 189 x 246 x 5mm | 172g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236815394
  • 9781236815392