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The Mining Reports (Volume 1); A Series Containing the Cases on the Law of Mines Found in the American and English Reports, Arranged Alphabetically by Subjects, with Notes and References

The Mining Reports (Volume 1); A Series Containing the Cases on the Law of Mines Found in the American and English Reports, Arranged Alphabetically by Subjects, with Notes and References


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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.1883 Excerpt: ... by the contract was notice from the corporation organized and doing business in this State, and not notice of instructions from the committee of the London agency. Judgment affirmed. Carey V. The Philadelphia And California PeTroleum Company. (33 California, 694. Supreme Court, 1867.) Appointment of agent-by-corporation--Evidence. In the appointment of their ageuts, private corporations stand upon the same footing as natural persons, unless limited to some particul ir mode by their charters: and parol evidence is admissible to prove such agency. Account stated--Evidence. An account stated is in the nature of a new promise or undertaking, and in this case was properly admitted as written evidence of a contract or obligation on the part of the defendant to pay in gold coin of the United States. Continuance--Discretion of court. An affidavit for a continuance on the ground of the absence of material witnesses failed to give their names, or to state what was expected to be proved by them. Held, that a motion for a continuance based on this affidavit was addressed to the discretion of the court, and that the discretion was not improperly exercised in denying the motion. Appeal from the District Court of Los Angeles County, First Judicial District. Glassel & Chapman, for appellant. V. E. & C. V. Howard, for respondent. By the Court, Shafter, J. This is an action upon an account stated, which, as the complaint alleges, was " settled and agreed upon between plaintiff and defendant July 23d, 1866." It is further alleged that the defendant then acknowledged, in a writing duly signed by him, that the indebtedness ascertained by the account (three hundred and eighty-two dollars and eighty-six cents) was due and payable in United States gold coin. The case was tried by ...


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Product Details
  • ISBN-13: 9781150500015
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 272
  • Spine Width: 14 mm
  • Width: 189 mm
  • ISBN-10: 1150500018
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 490 gr


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The Mining Reports (Volume 1); A Series Containing the Cases on the Law of Mines Found in the American and English Reports, Arranged Alphabetically by Subjects, with Notes and References
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