Cases in the Court of Appeals of the State of New-York : Containing a Statement of Each Case Argued in the Court, Commencing With Its Organization; the Briefs And Points of Counsel Therein, the Decision of the Court, And the Votes of the Judges Upon the R
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In our eReader you can find the full English version of the book. Read Cases in the Court of Appeals of the State of New-York : Containing a Statement of Each Case Argued in the Court, Commencing With Its Organization; the Briefs And Points of Counsel Therein, the Decision of the Court, And the Votes of the Judges Upon the R Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Cases in the Court of Appeals of the State of New-York : Containing a Statement of Each Case Argued in the Court, Commencing With Its Organization; the Briefs And Points of Counsel Therein, the Decision of the Court, And the Votes of the Judges Upon the R
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1383.) Third. All evidence is competent to explain an ambiguous contract which contributes to place the judicial body, called upon to interpret and enforce it, in the same position, and con- fer upon it the same knowledge of the subject matter which the parties possessed at the time they made the contract.
(2 Cowen §• HiU's JYotes, 1399, note 957 ; Wigram on Extr.
Evidence, 59 ; Fish v. Hvhhard, 21 Wend. 651 ; Dygert v. Plitts, 25 Wend. 402; 1 Greenleaf on Ev., § 282 to 300; Story on Contracts,... § 267 ; 1 Greenleaf on Ev. 301, n. 2.) Fourth. If the ambiguity, as in this case, relates to or is found in the description of the subject matter of the contract, it is competent for the court to receive evidence of all such extrinsic circumstances as being known to the parties when they made the contract enabled them to understand about what they were contracting, and having received such evidence, if with' its help the court can ascertain the subject of the contract, it should not be held void for uncertainty.
What to read after Cases in the Court of Appeals of the State of New-York : Containing a Statement of Each Case Argued in the Court, Commencing With Its Organization; the Briefs And Points of Counsel Therein, the Decision of the Court, And the Votes of the Judges Upon the R?
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To quickly assess the difficulty of the text, read a short excerpt:
1383.) Third. All evidence is competent to explain an ambiguous contract which contributes to place the judicial body, called upon to interpret and enforce it, in the same position, and con- fer upon it the same knowledge of the subject matter which the parties possessed at the time they made the contract.
(2 Cowen §• HiU's JYotes, 1399, note 957 ; Wigram on Extr.
Evidence, 59 ; Fish v. Hvhhard, 21 Wend. 651 ; Dygert v. Plitts, 25 Wend. 402; 1 Greenleaf on Ev., § 282 to 300; Story on Contracts,... § 267 ; 1 Greenleaf on Ev. 301, n. 2.) Fourth. If the ambiguity, as in this case, relates to or is found in the description of the subject matter of the contract, it is competent for the court to receive evidence of all such extrinsic circumstances as being known to the parties when they made the contract enabled them to understand about what they were contracting, and having received such evidence, if with' its help the court can ascertain the subject of the contract, it should not be held void for uncertainty.
What to read after Cases in the Court of Appeals of the State of New-York : Containing a Statement of Each Case Argued in the Court, Commencing With Its Organization; the Briefs And Points of Counsel Therein, the Decision of the Court, And the Votes of the Judges Upon the R?
You can find similar books in the "Read Also" column, or choose other free books by New York (State). Court of Appeals to read onlineMoreLess
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