Home > Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 2: (English)
Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 2: (English)

Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 2: (English)

          
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About the Book

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. 1841 edition. Excerpt: ...that he is not one of the owners, or that he signs as agent for the owners, the legal presumption is that he is an owner, and then the note is of course his note. It might under some circumstances be the note of the other owners, and they too might be liable upon it, but at all events it his his note, and he can be sued upon it, and if he ought not to have been sued alone, that is a matter for him to plead. He has signed a note which contains a 'promise to pay, and it must of course be taken to be his promise to pay, unless he shows aflirmatively that it is not his promise; and as that fact neither appears in the note, because it does not show that he was not an owner; nor was it proved at the trial, for he otiered no proof, we can see no possible reason for the decision of the court below. The plea of non assumpsit under oath, puts the plaintiff upon proof not only that the defendant executed the note, but that he was one of the owners of the steamer Tecumseh. For only the steamer Tecumseh and owners are bound by the note to pay. By the very terms of the note, it is the steamer Tecumseh and owners who make the promise to pay, and under the first count it would be necessary to entitle the plaintiffs to recover, to prove that Kendall not only signed the note, but that he also was one of the owners. The second count alleges that the said defendant promised that the steamer Tecumseh and owners would pay, &c. &c. The defendant insists that between this count and the note produced as evidence there is a material variance. The count averring that Kendall promised that the steamer Tecumseh and owners would pay, whereas the promise on the face of the note is a direct promise by the steamer Tecumseh and owners to pay and not the.


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Product Details
  • ISBN-13: 9781130432770
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 238
  • Series Title: English
  • Weight: 431 gr
  • ISBN-10: 1130432777
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 13 mm
  • Width: 189 mm


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