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Reports of Cases Volume 22

Reports of Cases Volume 22


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: ...of the year 1868, S. repudiated the a_ reement to appropriate his dividends to the payment of the coal, and refuse t_0 Slgn the receipts therefor in the laintifi's' books. He had signed the receipt for the dividend of 1866. He a terwards brought an action against the plaiiihlls for the dividends; the action was referred to arbitration and an award was ina_centsle in favor of S. for ii wards of $15,000, which the plaintiffs paid in July _l8i4The receipt given or the pa ment stated that it was in full satisfaction of the judgment in the suit of. against The Albert Mining Com mny, and It appeared (though the evidence was objected to) that it included t e dividclldfl for the years 1867 and 1868. It appeared that the coal delivered was charged in the plaintifl's' books to Tll A bertine Oil Company, and that the bills of hiding on the shipments of the coal were also made out in their name, and that some time aftervv_v-1'flfl " notice signed by S. and M. (the other defendant), was given to the Pla_"mfi's' complaining of the inferior quality of the coal, and claiming damflgeq 1" con' sequence. Weldon, J., before whom the cause was tried, was of opinion that the coal was sold to S. alone; that the agreement by him for the apl"'P""' tion of his dividends to the payment of the coal had not been rcscim ed when this action was brought, and that the subsequent payment of the dividends by the plaintiffs had no effect; he accordingly nonsuited the plaintiffs Held, by ALLEN, C. J., VErMons and KING, JJ., (VVELDON, J., dissenting), that the nonsuit was improperly granted. This was an action for the price of coal, alleged to have been supplied by plaintiffs to defendants in 1866, 1867 and.


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Product Details
  • ISBN-13: 9781234281779
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 268
  • Spine Width: 14 mm
  • Width: 189 mm
  • ISBN-10: 1234281775
  • Publisher Date: 05 May 2014
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 485 gr


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