A Treatise of the Law of Damages; Embracing an Elemantary Exposition of the Law, and Also Its Application to Particular Subjects of Contract and Tort Volume 1
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. 1893 edition. Excerpt: ...and that all the payments made were for such interest and not upon the note." A copy of a letter addressed by a creditor to his debtor, contained in the letter book of the former, advising the debtor that he had drawn on him for the amount of a particular purchase, is not evidence for such creditor in an action against a guarantor to establish that a payment made shortly afterwards by the debtor who was indebted on several accounts was made in discharge of such purchase; though the draft itself or evidence of its contents, if lost, accompanied by a letter from the debtor to the creditor regretting his inability to meet the draft, and promising speedy payment of that demand, followed by a payment a few days after the date of 'such letter, is evidence to show that it was a payment made in discharge of that particular claim." The letter of a debtor, or of his acknowledged general agent, to his creditor, directing him to which of two debts a 405 payment he is about to make shall be applied, is the best evidence to show on what account such payment was received by the creditor.' Such an act of the debtor in an action against his guarantor for one of the debts, where several were 1Rundlett v. Small, 25 Me. 29. 2Brockschmidt v. Hagebusch, 72 Ill. 562; Ruble v. Norman, 7 Bush, 532; Ware v. Otis, 8 Me. 387. 3Thayer v. Denton, 4 Mich. 192; Miller v. Montgomery, 81 Ill. 350; Brown v. Brabharn, 3 Ohio, 275. 'Chancellor v. Schott, 23 Pa. St. 68; Tooke v. Bonds, 29 Tex. 419. '. 5 In a suit to foreclose a mortgage which the defendant alleged had been paid, the plaintiff proved an agreement to change the appropriation of the payments previously agreed to be applied to the mortgage VOL I-31 p debt, to another debt. Held, that...
- 189 x 246 x 22mm | 771g
- 13 Sep 2013
- United States
- black & white illustrations