A Treatise On the Principles of Pleading in Civil Actions Under the New York Code of Procedure
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To quickly assess the difficulty of the text, read a short excerpt:
Beard, 12 C. B. N. S.
T., 3d Department, Nov. 1873 ; Wil- 344, 104 Eng. C. L. ; Anibrose v. Kerri- hams V. Fowler, McL. & Younge, 369 ; son, 10 C. B. 776, 70 Eng. C. L.
Warner v. Heiden, 11 Am. Law Reg. * Ricliardson v. Dubois, L„R., 5 Q.
N. S. 379, 39 N. H. 138 ; but see Phillips B. 61.
V. Simmons, 30 How. 843 ; Hay v. Ad- ' Hoard v. Peck, 56 Barb. 202.
OH. IV A.] COMPLAINT IN PARTIOULAE CASES. 349 lo tlie alleged marriage to tlie husband she was married to another person who is still living.'... Illegal contract.^ — If the complaint show, upon its face, that the contract sued upon is illegal, it will be demurrable ; but if it may or may not be illegal, according to the intention of the parties as shown by extrinsic circumstances, it will be presumed legal ;' and it is not necessary for the plaintiii' to allege it is not illegal.' A contract to pay the amount due on a certain mortgage of real estate, then assigned by the defendant to the plaintiff as liquidated damages, in case an order of sale in an action then pending in which the covenantor was a defendant, for the foreclosure of a prior mortgage on the same and other premises, should not require the sale of that part of such pretoises not covered by such assigned mortgage, and prior application of the proceeds of such sale in satisfaction of the mortgage then being foreclosed, before any sale of the residue, the order of sale in such pending action not con- taining any provision or direction for selling any part of such mortgaged premises before the other, is legal and not contrary to public policy.' An agreement by diiferent sets of bidders for a public contract, by which one agrees to pay a certain sum to another if he will withdraw his bid and assist the promisor in obtaining the contract, is illegal." So a note given to a public officer, for violating his duty as such.' An agreement, by one in- terested in the probate of a will, to pay those threatening to oppose its probate, a certain sum if they will not, is valid ;° provided the complaint allege a consideration by showing that there was some ground for contesting the probate of the will, or doubt as to its validity.' And it has been held, although we doubt the soundness ' Met.
What to read after A Treatise On the Principles of Pleading in Civil Actions Under the New York Code of Procedure?
You can find similar books in the "Read Also" column, or choose other free books by Moak, Nathaniel C. (Nathaniel Cleveland), 1833-1892 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Beard, 12 C. B. N. S.
T., 3d Department, Nov. 1873 ; Wil- 344, 104 Eng. C. L. ; Anibrose v. Kerri- hams V. Fowler, McL. & Younge, 369 ; son, 10 C. B. 776, 70 Eng. C. L.
Warner v. Heiden, 11 Am. Law Reg. * Ricliardson v. Dubois, L„R., 5 Q.
N. S. 379, 39 N. H. 138 ; but see Phillips B. 61.
V. Simmons, 30 How. 843 ; Hay v. Ad- ' Hoard v. Peck, 56 Barb. 202.
OH. IV A.] COMPLAINT IN PARTIOULAE CASES. 349 lo tlie alleged marriage to tlie husband she was married to another person who is still living.'... Illegal contract.^ — If the complaint show, upon its face, that the contract sued upon is illegal, it will be demurrable ; but if it may or may not be illegal, according to the intention of the parties as shown by extrinsic circumstances, it will be presumed legal ;' and it is not necessary for the plaintiii' to allege it is not illegal.' A contract to pay the amount due on a certain mortgage of real estate, then assigned by the defendant to the plaintiff as liquidated damages, in case an order of sale in an action then pending in which the covenantor was a defendant, for the foreclosure of a prior mortgage on the same and other premises, should not require the sale of that part of such pretoises not covered by such assigned mortgage, and prior application of the proceeds of such sale in satisfaction of the mortgage then being foreclosed, before any sale of the residue, the order of sale in such pending action not con- taining any provision or direction for selling any part of such mortgaged premises before the other, is legal and not contrary to public policy.' An agreement by diiferent sets of bidders for a public contract, by which one agrees to pay a certain sum to another if he will withdraw his bid and assist the promisor in obtaining the contract, is illegal." So a note given to a public officer, for violating his duty as such.' An agreement, by one in- terested in the probate of a will, to pay those threatening to oppose its probate, a certain sum if they will not, is valid ;° provided the complaint allege a consideration by showing that there was some ground for contesting the probate of the will, or doubt as to its validity.' And it has been held, although we doubt the soundness ' Met.
What to read after A Treatise On the Principles of Pleading in Civil Actions Under the New York Code of Procedure?
You can find similar books in the "Read Also" column, or choose other free books by Moak, Nathaniel C. (Nathaniel Cleveland), 1833-1892 to read onlineMoreLess
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