The Texas Reports; Cases Adjudged in the Supreme Court Volume 34

The Texas Reports; Cases Adjudged in the Supreme Court Volume 34

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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. 1882 edition. Excerpt: ... arising from dealing in (Jonfederate States paper by Harrell, had voluntarily been incurred by Barnes by taking and circulating it. The known maxim inpari delicto, etc., was refused. The jury were not allowed to consider the equities Barnes had subjected himself to by his own voluntary acts. ' 2. The other instructions asked sought to present in a legal view the facts in the case. Harrell had plead and proved facts tending to show Barnes' ratification of the contract. He insisted that the law on contracts under duress, and on ratification shall be given. It is refused. These instructions were presented in every form which counsel could invent, so as to avoid any formal defect in opinion of the judge. The principles therein stated are law. Contracts under duress are voidable, not void, and are susceptible of ratification. 3 Par. Con. 395 and notes; Broom, Legal Max. 201 and 679. In third charge asked by defendant and refused it was asked: "A payment, the taking' of which was procured by duress by, or procured by, the payor, is not void but only voidable, and is capable of ratification after the duress has been removed." See 3 Par. Con. 395. 4. " If the jury believe from the testimony that, although duress may have been asked bydefendant in procuring the note, and in making Barnes take the Confederate bills, that Barnes ratified the payment of the note, they will find for the defendant." And again, 8. "A payment in Confederate States money, received under duress and under protest, would not be a valid discharge of the note, unless the party who had acted under duress ratified his acts done under duress after it was removed; and if the jury believe from the testimony that plaintiff, Barnes, after more

Product details

  • Paperback | 260 pages
  • 189 x 246 x 14mm | 472g
  • United States
  • English
  • black & white illustrations
  • 1236901770
  • 9781236901774