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A Selection of Cases and Statutes on the Principles of Code Pleading; With Notes

A Selection of Cases and Statutes on the Principles of Code Pleading; With Notes


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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. 1901 Excerpt: ...he was then liable only for the deficiencv. It would have made no difference if he had not been liable at all, the defendant having promised, upon a sufficient consideration, to pay the debt. This suit is not primarily upon the "uond and mortgage, but upon the promise of the defendant to pay it; and this promise binds the defendant to pay the mortgage debt as it falls due, according to the terms of the bond and mortgage. It was not a conditional or contingent promise, and could not be discharged by payment only of a portion of the debt. The court below erred in giving judgment against the appellant for the deficiency after the sale of the mortgaged premises, and so much of the judgment as directs her to pay the same must be reversed with costs. All concur, except Earl, J., dissenting. Judgment accordingly. KELLER v. ASHFORD. Un1ted States Supreme Court, March 3, 189o. 133 U. S. 61o. This was a bill in equity by Henrietta C. Keller, the holder of a promissory note for $2, ooo, made by one Thompson, secured by his mortgage of land in Washington, against Francis A. Ashford as grantee of the land subject to this mortgage, and who by the terms of the deed to him assumed payment of incumbrances on the land. The bill prayed for a decree in the plaintiff's favor against Ashford for the amount of that note, and for general relief. The case was heard upon pleadings and proofs, by which it appeared to be as follows: On August 17, 1875, Thompson, being seized in fee of lot 5 in square 889 in the city of Washington, conveyed it to one Rohrer, by a deed of trust in the nature of a mortgage, to secure the payment of Thompson's promissory note of that date for $1,5oo, payable in three years with interest at ten per cent, held by one Harkness. On February 21, 1876, Thom...


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Product Details
  • ISBN-13: 9781150951688
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 332
  • Spine Width: 18 mm
  • Width: 189 mm
  • ISBN-10: 1150951680
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 594 gr


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