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" In deciding upon this intent, the chief and most satisfactory index for the judge is found in the circumstance whether or not the particular element of the alleged extrinsic negotiation is dealt with at all in the writing. If it is mentioned, covered... "
The Pacific Reporter - Σελίδα 300
1915
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A Treatise on the System of Evidence in Trials at Common Law ..., Τόμος 4

John Henry Wigmore - 1905 - 922 σελίδες
...extrinsic negotiation is dealt with at all in the writing. If it is mentioned, covered, or dealt with in the writing, then presumably the "writing was meant...negotiation. This test is the one used by the most careful judges,8 and is in contrast with the looser and incorrect inquiry (post, § 2431) whether the alleged...

Reports of Cases Decided in the Court of Appeals of the State of ..., Τόμος 196

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1910 - 674 σελίδες
...extrinsic negotiation is dealt with at all in the writing. If it is mentioned, covered or dealt with in the writing, then presumably the writing was meant...negotiation contradicts the terms of the writing." (Wigmore on Evidence, § 2130.) The written contract between the parties now before us provided for...

The New York Supplement, Τόμος 136

1912 - 1276 σελίδες
...extrinsic negotiation Is dealt with at all In the writing. If it is mentioned, covered, or dealt with In the writing, then presumably the writing was meant...negotiation contradicts the terms of the writing." The contract foreshadows several things which were intended by the parties to be covered by the $50...

United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

1914 - 784 σελίδες
...extrinsic negotiation Is dealt with at all in the writing. If it is mentioned, covered, or dealt with In the writing, then presumably the writing was meant...intended to embody that element of the negotiation." An illustration is cited from Webb v. Plummer, 2 B. & Aid. 746, <750, as follows : "Where there is...

The Alberta Law Reports: Cases Determined in the Supreme Court of ..., Τόμος 20

Alberta. Supreme Court - 1925 - 744 σελίδες
...negotiation is dealt with at all in the writing. If it is mentioned, covered, or dealt with therein, then presumably the writing was meant to represent...the transaction on that element. If it is not, then presumably the writing was not intended to embody that element of the negotiation (per Scott, CJ, Stuart...

The Northeastern Reporter, Τόμος 89

1910 - 1158 σελίδες
...extrinsic negotiation is dealt with at all In the writing. If It Is mentioned, covered, or dealt with in the writing, then presumably the writing was meant...negotiation contradicts the terms of the writing." Wigmore on Evidence, f 2430. The written contract between the parties now before us provided for a...

Cases and Materials on Government Contracts

United States. Department of the Army - 1962 - 576 σελίδες
...extrinsic negotiation is dealt with at all in the writing. If it is mentioned, covered, or dealt with in the writing, then presumably the writing was meant to represent all of the transactions on that element ; if it is not, then probably the writing was not intended to embody that...

Investigation Into Crown Savings Bank Failer: Hearings Before the ...

United States Congress. House. Banking and Currency Committee - 1966 - 934 σελίδες
...writing. If it is mentioned, covered, or dealt with in the writing, then presumably the writing was mennt to represent all of the transaction on that element;...intended to embody that element of the negotiation" (9 Id. § 2430) . [Emphasis added.] Since the question of overdue paper was covered by reference to...

Investigation Into Crown Savings Bank Failure: Hearings Before the ...

United States. Congress. House. Committee on Banking and Currency, United States. Congress. House. Committee on Banking and Currency. Subcommittee on Domestic Finance - 1966 - 862 σελίδες
...all In the writing, mentioned, covered, or dealt with in the writing, then presumably the wi me," nt to represent all of the transaction on that element; if it is probably the writing was not intended to embody that element of the ne( (9 id. §2430). [Emphasis added.]...




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