The Pacific Reporter, Volume 230West Publishing Company, 1925 - Law reports, digests, etc |
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Page 30
... respondent was the owner and hold- The question was simply whether she did er of the note and mortgage sued on . acknowledge it . ( 230 P. ) was purchased in good faith ,. The appellant Olive V. Birch filed her separate answer admitting ...
... respondent was the owner and hold- The question was simply whether she did er of the note and mortgage sued on . acknowledge it . ( 230 P. ) was purchased in good faith ,. The appellant Olive V. Birch filed her separate answer admitting ...
Page 31
... respondent for approval , but that the instruments were never returned , al- though numerous demands were made for them . Respondent further alleges that the note was materially altered by changing its Appeal from District Court ...
... respondent for approval , but that the instruments were never returned , al- though numerous demands were made for them . Respondent further alleges that the note was materially altered by changing its Appeal from District Court ...
Page 32
... respondent in this case that , when the note was for- warded to it , it was in exactly the same con- dition as when ... respondent was a holder in due course . If respondent was a holder in due course and not a party to the alteration ...
... respondent in this case that , when the note was for- warded to it , it was in exactly the same con- dition as when ... respondent was a holder in due course . If respondent was a holder in due course and not a party to the alteration ...
Page 33
... respondent or thereafter , and whether respondent had no- tice of these alterations or infirmities in the instrument itself , which was direct knowl- edge or knowledge of such facts that would put it upon inquiry , or whether the action ...
... respondent or thereafter , and whether respondent had no- tice of these alterations or infirmities in the instrument itself , which was direct knowl- edge or knowledge of such facts that would put it upon inquiry , or whether the action ...
Page 41
... respondent . O. P. Soule , of Salt Lake City , Utah , and C. W. Poole , of Rexburg , for respondents . MCCARTHY , C. J. This action was brought by appellant against respondent Cov- ington to obtain possession of one - half the WILLIAM A ...
... respondent . O. P. Soule , of Salt Lake City , Utah , and C. W. Poole , of Rexburg , for respondents . MCCARTHY , C. J. This action was brought by appellant against respondent Cov- ington to obtain possession of one - half the WILLIAM A ...
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Common terms and phrases
affirmed alleged amount Appeal from District Appeal from Superior appellant attorney Atty bank bond cause of action charge claim Code Colo Company complaint concur contract contributory negligence conviction counsel Criminal law damages decree deed defendant defendant's delivered demurrer dence denied Digests and Indexes District Court Eldorado Springs employer entitled escrow evidence executed fact fendant filed findings garnishee guilty held Idaho indorsement injury instruction issue Judge judgment jury Key-Numbered Digests land lease lien liquor lumber mandamus ment mortgage motion offense Okmulgee county paid parties Pawnee county payment person petition plaintiff in error pleadings possession proceedings promissory note prosecution purchase question reason record respondent statute Superior Court Supreme Court testified testimony thereof tiff tion topic and KEY-NUMBER trial court unlawful detainer verdict Wash wife witness writ
Popular passages
Page 44 - But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him is conclusively presumed.
Page 175 - No special privileges or immunities shall ever be granted which may not be altered, revoked or repealed by the Legislature; nor shall any citizen, or class of citizens, be granted privileges or immunities which, upon the same terms, shall not be granted to all citizens.
Page 31 - Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers.
Page 32 - That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 372 - All murder which is perpetrated by means of poison, or lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or which is committed in the perpetration or attempt to perpetrate arson, rape, robbery, burglary, or mayhem, is murder of the first degree; and all other kinds of murders are of the second degree.
Page 194 - In all other cases, the defendant may be found guilty of any offense the commission of which is necessarily included in that with which he is charged in the indictment
Page 358 - ... it depends in each case on the terms of the contract and the circumstances of the case, whether the breach of contract is so material as to justify the injured party in refusing to proceed further...
Page 263 - That carriers while under Federal control shall be subject to all laws and liabilities as common carriers, whether arising under State or Federal laws or at common law, except in so far as may be inconsistent with the provisions of this Act or any other Act applicable to such Federal control or with any order of the President.
Page 71 - Every person negotiating an instrument by delivery or by a qualified indorsement, warrants : 1. That the instrument is genuine and in all respects what it purports to be; 2.
Page 205 - ... it seems but reasonable and just that the neighbour who has brought something on his own property which was not naturally there, harmless to others so long as it is confined to his own property...