A Treatise on the Pleadings and Practice in the Courts of Record of Michigan; At Common Law in Civil Causes, with Forms Volume 1

A Treatise on the Pleadings and Practice in the Courts of Record of Michigan; At Common Law in Civil Causes, with Forms Volume 1

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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. 1892 edition. Excerpt: ...a contract as implies a consideration, such as a. promissory note or bill of exchange, need not aver a consideration.' Burroughs v. Morse, 48 Mich., 520. eration," 616. The possession of a Observe the advisability, above men-promissory note, and its production tinned, of adding the common counts. in evidence, is prima facie evidence Burrall v.Jacot,1 Barbour,165; Chitt. of title in the plaintiff. and his right PL. 340. to sue upon it, and will entitle him to 1 Post, " Declaration on note: -1;" recover. He need not, in fact. be Chitt. Pl.. 340. either the real or beneficial owner. ' Hunnemann v. Grafton, 10 Met-All presumptions are in favor of the calf, 454. plaintiff, but the defendant mm' 3Chitt. Pl., 330; Richardson _v, ' show that the state of facts that Smith, 8 John., 439; Burlingame v. would entitle the plaintiff to a reBu_1-lhlgame, 7 C0w_, 93, my did 110$ uxlflii M1 the time Of ' Hoard v. Little, 7 Mich., 468. the ornmencement of the suit. The objection will be cured by judg-Hove v. Sebring, 24 Mich., 232. ment. The tn, sfer of a negotiable instru"Post, "Special counts---consid-ment n ter the commencement of / /V m_ji__'._m', ___ _ _____ And when a party declares on a special contract and not on an implied one he is bound to show performance on his part of his promise to the defendants or he cannot recover at all.' T ' "For that, whereas, the defendant, heretofore, to-wit: On the--day of ___-, in the year 18--, at the county aforesaidvwas indebted to the plaintiff in the sum of-_--dollars, for (statehere the cause of actionas in the proper one of the follbwing_ examples ( 610), and proceed as foll0u: s: ), and being so indebted, the defendant, in...show more

Product details

  • Paperback | 282 pages
  • 189 x 246 x 15mm | 508g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236974344
  • 9781236974341