Fraudulent Mortgages of Merchandise : a Commentary On the American Phases of Twyne's Case
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The intent here referred to, if con- sidered merely as a question of fact, is simply the intent to execute the instrument, or to engage in the transaction, which is found to possess such pernicious features. If this intent be found as a fact of the case, the imputations above stated follow as conclusions of law, as was expressly de- clared by the Supreme Court of New Hampshire, in these words: " If a trust, inconsistent with the legitimate pur- pose of a mortgage, is reserved for the benefit of... the mortgager, and that is proved, then a fraudulent intent is, with us, and in many other jurisdictions, a conclusion of law."^ But that such expressions of the courts have no reference to that " fraudulent intent " which is always " a question of fact for the jury," and which rests on the actual motives of the party charged, is plain from the frequent declarations of the same courts, that " there was no specific intent to defraud;"* that "nothing more was intended 1 Harman v. Hoskins, 56 Miss.
What to read after Fraudulent Mortgages of Merchandise : a Commentary On the American Phases of Twyne's Case?
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To quickly assess the difficulty of the text, read a short excerpt:
The intent here referred to, if con- sidered merely as a question of fact, is simply the intent to execute the instrument, or to engage in the transaction, which is found to possess such pernicious features. If this intent be found as a fact of the case, the imputations above stated follow as conclusions of law, as was expressly de- clared by the Supreme Court of New Hampshire, in these words: " If a trust, inconsistent with the legitimate pur- pose of a mortgage, is reserved for the benefit of... the mortgager, and that is proved, then a fraudulent intent is, with us, and in many other jurisdictions, a conclusion of law."^ But that such expressions of the courts have no reference to that " fraudulent intent " which is always " a question of fact for the jury," and which rests on the actual motives of the party charged, is plain from the frequent declarations of the same courts, that " there was no specific intent to defraud;"* that "nothing more was intended 1 Harman v. Hoskins, 56 Miss.
What to read after Fraudulent Mortgages of Merchandise : a Commentary On the American Phases of Twyne's Case?
You can find similar books in the "Read Also" column, or choose other free books by James O James Oscar Pierce to read onlineMoreLess
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