Reports of Cases at Law and in Equity Argued and Determined in the of Volume 49
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Von Händler/Antiquariat, BuySomeBooks [52360437], Las Vegas, NV, U.S.A.
This item is printed on demand. Paperback. 296 pages. Dimensions: 9.6in. x 7.4in. x 0.8in.This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1846. Excerpt: . . . Wood vs. Wylds. january and the name in the body of the note, although misdescribed, cannot affect his liability if rejected. We think therefore the circuit court erred in rejecting the note as evidence. And for these errors the judgment must be set aside and the cause remanded to be proceeded in according to law and not inconsistent with the opinion herein expressed. Wood Vs. Wylds. Proof that a credit has in fact been endorsed before the expiration of the penoti of limitation is prima facie sufficient evidence of part paym-;nt of the particular demand sued on to take the case out of the statute, and enable the plaintiff to recover. The State Bank vs. Wooddy, 5 Eng. 641, cited and approved, and Alston vs. StcU Bank, 4 Eng. 460; explained. As to part payment, and the facts and circumstances showing an application of the payment to the particular debt. Where an instruction is erroneous, yet if it could not have influenced the jury, and their finding on the whole case is correct, a new trial will not be granted. Writ of Error to St. Francis Circuit Court. The facts of this case sufficiently appear in the opinion of the court. The following instruction was asked by Wyld and given by the court, to which Wood excepted: If the jury believe from the evidence that the defendant paid the sum of 306 50 within five years next after the date of the writing obligatory sued on, and did not direct or order the plaintiff to apply said payment, and the payment was applied by the plaintiff as a credit on the note within five years, they must find that fact for the plaintiff. Term, 1851. Wood vs. Wylds. Wood asked the court to give the following instructions, which being refused he excepted, viz: 1. That upon the issue upon the pleaofthe statute of limitations to the count. . . This item ships from La Vergne,TN.

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1846. Excerpt: ... Wood vs. Wylds. january and the name in the body of the note, although misdescribed, cannot affect his liability if rejected. We think therefore the circuit court erred in rejecting the note as evidence. And for these errors the judgment must be set aside and the cause remanded to be proceeded in according to law and not inconsistent with the opinion herein expressed. Wood Vs. Wylds. Proof that a credit has in fact been endorsed before the expiration of the penoti of limitation is prima facie sufficient evidence of part paym-;nt of the particular demand sued on to take the case out of the statute, and enable the plaintiff to recover. The State Bank vs. Wooddy, 5 Eng. 641, cited and approved, and Alston vs. StcU Bank, 4 Eng. 460; explained. As to part payment, and the facts and circumstances showing an application of the payment to the particular debt. Where an instruction is erroneous, yet if it could not have influenced the jury, and their finding on the whole case is correct, a new trial will not be granted. Writ of Error to St. Francis Circuit Court. The facts of this case sufficiently appear in the opinion of the court. The following instruction was asked by Wyld and given by the court, to which Wood excepted: If the jury believe from the evidence that the defendant paid the sum of $306 50 within five years next after the date of the writing obligatory sued on, and did not direct or order the plaintiff to apply said payment, and the payment was applied by the plaintiff as a credit on the note within five years, they must find that fact for the plaintiff. Term, 1851. Wood vs. Wylds. Wood asked the court to give the following instructions, which being refused he excepted, viz: 1. That upon the issue upon the pleaofthe statute of limitations to the count... Paperback, Label: General Books LLC, General Books LLC, Product group: Book, Published: 2012-02-01, Studio: General Books LLC, Sales rank: 15096193.

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Von Händler/Antiquariat, Through The Stacks LLC, NY, Brockport, [RE:3].
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Von Händler/Antiquariat, Through The Stacks LLC, NY, Brockport, [RE:3].
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Von Händler/Antiquariat, Irish Booksellers [57531671], Rumford, ME, U.S.A.