The Pacific Reporter, Volume 230West Publishing Company, 1925 - Law reports, digests, etc |
From inside the book
Page 30
... deliver the note and mortgage . It is evident that they were delivered and there is no pretense that her husband did not deliver them . Against the claim of Mrs. Birch that she did not acknowledge the execution of the mortgage ...
... deliver the note and mortgage . It is evident that they were delivered and there is no pretense that her husband did not deliver them . Against the claim of Mrs. Birch that she did not acknowledge the execution of the mortgage ...
Page 31
... delivered to Changnon & Co. , for the sole purpose , and no other , of submitting the same to an agent of respondent for approval , but that the instruments were never returned , al- though numerous demands were made for them ...
... delivered to Changnon & Co. , for the sole purpose , and no other , of submitting the same to an agent of respondent for approval , but that the instruments were never returned , al- though numerous demands were made for them ...
Page 43
... delivered upon a condition which is not fulfilled , is negotiated to a holder who takes with notice , the fact that the maker subsequently takes a note from the original payee to secure him against loss does not estop the maker from ...
... delivered upon a condition which is not fulfilled , is negotiated to a holder who takes with notice , the fact that the maker subsequently takes a note from the original payee to secure him against loss does not estop the maker from ...
Page 44
... delivered to him , estops [ 1-3 ] C. S. § 5883 , provides as follows : them from setting up the defense based upon " Every contract on a negotiable instrument the conditional delivery of their note . There is incomplete and revocable ...
... delivered to him , estops [ 1-3 ] C. S. § 5883 , provides as follows : them from setting up the defense based upon " Every contract on a negotiable instrument the conditional delivery of their note . There is incomplete and revocable ...
Page 45
... delivered by appellants to MacMullin to take effect only if the deal were completed , and that the deal was not completed through MacMullin's fault , and without fault of ap- pellants , they should find for appellants . WILLIAM A. LEE ...
... delivered by appellants to MacMullin to take effect only if the deal were completed , and that the deal was not completed through MacMullin's fault , and without fault of ap- pellants , they should find for appellants . WILLIAM A. LEE ...
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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...