A Selection of Cases on the Law of Bills and Notes - Bookswagon
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A Selection of Cases on the Law of Bills and Notes

A Selection of Cases on the Law of Bills and Notes


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. Excerpt from book: Section 3SECTION V. textit{The Order or Promise to pay Money must not be coupled with an independent order or promise to do something else. MARTIN textit{v. CHAUNTRY. In The King's Bench, Trinity Teem, 1748. textit{[Reported m 2 textit{Strange, 1271.] Thk court held, on error from C. B., that a note to deliver up horses and a wharf, and pay money at a particular day, could not be counted on as a note within the statute, and therefore reversed the judgment.1 WISE textit{v. CHARLTON. Ih The King's Bench, April 18, 1886. textit{[Reported in 4 textit{Adolphus and Ellis, 786.) AssuMPsiT by the indorsee of a promissory note against the maker. The declaration (which was filed before the operation of the rules Hil. 4 W. 4) described the note as made 16th of April, 1828, in favor of John Goodwin Johnson, or order, payable on demand, with lawful interest, for value received, and indorsed by Johnson to the plaintiff; and it averred a demand on 2d of September, 1888. Plea: textit{non as- textit{iumpsit. On the trial before Lord Abinger, C. B., at the last Derby assizes, the note was produced; and it was in the following form: 120. April 16, 1828. On demand, I promise to pay to Mr. John Goodwin Johnson, or order, the sum of one hundred and twenty pounds, with lawful interest for the same for value received; and I have deposited in his hands 1 The case of Martin textit{v. Chauntry shows that a promise in writing to pay money, and do any other thing, is not a promissory note. To constitute a promissory note, the promiae most be to pay a sum certain and nothing else. Per Parke, B., in Fol- lett textit{v. Moore, 4 Ex. 416. And see to same effect: Moor p. Van Lute, Bull. N. P. 272; Da vies p. Wilkinson, 10 A. and E. 98; Boyd textit{v. Rumsey, 6 J. J. Marsh. 42- Bunker . Athearn, 86 Me. 864; ...


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Product Details
  • ISBN-13: 9781443271424
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Language: English
  • ISBN-10: 144327142X
  • Publisher Date: 06 Jul 2009
  • Binding: Digital (delivered electronically)
  • No of Pages: 661


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