Reports of Cases Determined in the Supreme Court of the Territory of Utah, Τόμος 34 |
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Σελίδα 52
... testified that she paid him additional sums of money amounting to $ 110 , and that he was also indebted to her in the sum of $ 296 for pasturage , which amount , it was agreed , should also be credited on the $ 2,500 . After Arnold got ...
... testified that she paid him additional sums of money amounting to $ 110 , and that he was also indebted to her in the sum of $ 296 for pasturage , which amount , it was agreed , should also be credited on the $ 2,500 . After Arnold got ...
Σελίδα 53
... testified that the land , 155 acres , was worth $ 100 per acre . The evidence further shows that Em- ert , when he purchased the property , had actual knowledge of plaintiff's claim of interest , but he thought he was not chargeable ...
... testified that the land , 155 acres , was worth $ 100 per acre . The evidence further shows that Em- ert , when he purchased the property , had actual knowledge of plaintiff's claim of interest , but he thought he was not chargeable ...
Σελίδα 54
... testified that , in a prior suit before the justice's court , when the receipt was exhibited to Arnold , he then testified that the signature was his signature . Two other witnesses testified that the signature was in his handwriting ...
... testified that , in a prior suit before the justice's court , when the receipt was exhibited to Arnold , he then testified that the signature was his signature . Two other witnesses testified that the signature was in his handwriting ...
Σελίδα 55
... testified to by plaintiff or as testified to by Arnold . That there was an agreement be- tween them respecting the transactions is , however , testified to by both of them and not denied by any one . The material difference in their ...
... testified to by plaintiff or as testified to by Arnold . That there was an agreement be- tween them respecting the transactions is , however , testified to by both of them and not denied by any one . The material difference in their ...
Σελίδα 56
... testified to by the plaintiff . It , of course , is readily conceded that a mere oral agreement to purchase land from another is within the statute of frauds . So , to , it is conceded that if A. , having no interest in the real estate ...
... testified to by the plaintiff . It , of course , is readily conceded that a mere oral agreement to purchase land from another is within the statute of frauds . So , to , it is conceded that if A. , having no interest in the real estate ...
Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
agreement alleged amended amount APPEAL from District appellant appellant's attorney authorized bill of exceptions Brigham City Cache county Caravelis cause of action charge child circumstances claim Comp complaint Constitution contract contributory negligence corporation counsel deceased deed defendant defendant's direct a verdict discovered District Court duty easement engine error evidence exercise facts fees filed finding franchise fraud grant ground held imposed injury instructions judgment jury land Legislature license tax lookout matter motion negligence negotiable instrument nonsuit object obtained officer owner party payment person plaintiff premises proceedings purchase quantum meruit question railroad recover respondent respondent's rule Salt Lake City sheep sheriff's deed statement statute statute of frauds STRAUP street sufficient testator testified testimony thereof tion track trespasser trial court Utah width William Pender witness yard
Δημοφιλή αποσπάσματα
Σελίδα 303 - A negotiable instrument is discharged : 1. By payment in due course by or on behalf of the principal debtor ; 2. By payment in due course by the party accommodated, where the instrument is made or accepted for accommodation; 3. By the intentional cancellation thereof by the holder; 4. By any other act which will discharge a simple contract for the payment of money; 5. When the principal debtor becomes the holder of the instrument at or after maturity in his own right.
Σελίδα 303 - By a valid tender of payment made by a prior party. 5. By a release of the principal debtor, unless the holder's right of recourse against the party secondarily liable is expressly reserved. 6. By any agreement binding upon the holder to extend the time of payment, or to postpone the holder's right to enforce the instrument, unless made with the assent of the party secondarily liable, or unless the right of recourse against such party is expressly reserved.
Σελίδα 457 - The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration, or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Σελίδα 454 - A holder in due course holds the instrument free from any defect of title of prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable thereon.
Σελίδα 179 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and jury as evidence of the genuineness, or otherwise, of the writing in dispute.
Σελίδα 539 - If, when the cause of action accrues against a person, he is out of the state, the action may be commenced within the term herein limited, after his return to the state, and if, after the cause of action accrues, he departs from the state, the time of his absence is not part of the time limited for the commencement of the action.
Σελίδα 372 - The general assembly shall provide such revenue as may be needful by levying a tax, by valuation, so that every person and corporation shall pay a tax in proportion to the value of his, her or its property...
Σελίδα 458 - Every negotiable instrument is deemed prima facie to have been issued for a valuable consideration, and every person whose signature appears thereon to have become a party thereto for value.
Σελίδα 433 - MILLER, J. This action was brought by the plaintiff to recover damages alleged to have been sustained by means of the negligence of defendant's agents and servants in making repairs and improvements upon the hotel of the defendant, situate in the city of New York.
Σελίδα 304 - primarily" liable on an instrument is the person who, by the terms of the instrument, is absolutely required to pay the same. All other parties are "secondarily