The Weekly Jurist Volume 5

The Weekly Jurist Volume 5

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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. 1879 edition. Excerpt: provision that if Riddell is in any way troubled in consequence of the tax, the makers of the note "agree to pay the same." In every bond with conditions, the promise or agreement is equally absolute and express, to pay the amount of the bond upon breach of the condition. The usual conclusion to such bonds is that, "otherwise this bond shall have full force." The action of assumpsit is an equitable action, and judgment in such action should be entered only for the sum which ought to be paid. Courts look at the substance rather than the form of contracts, and seek for the real intentions of the parties from a consideration of all parts of the contract. The intention thus ascertained is the essence of the contract, and to this, legal effect is given. This is an action of assumpsit, brought by Riddell upon the promissory note alone, and against the makers thereof. Fosbruder was not served with process. Each of the appellants pleaded for himself, certain special pleas. Neither filed the general issues. The first plea of each defendant stated simply that at the time of making the note and as part of the same transaction, plaintiff executed the stipulation of the same sale set out above, and that hence "the said note was not an absolute note or an unconditional promise for the payment of the sum of money mentioned," at the time mentioned in the note. These pleas in general demurrer were held insufiicient, and each of defendants abided by his plea. This ruling we hold right. Where defendant sets up the conditional character of the promise in a case like the present, he must deny the breach of the condition. The second plea, was like the first with the additional allegation that Riddell had not been...
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Product details

  • Paperback | 304 pages
  • 189 x 246 x 16mm | 544g
  • United States
  • English
  • black & white illustrations
  • 1236846672
  • 9781236846679