Reports of Cases Argued And Determined in the Supreme Judicial Court of the ...
Reports of Cases Argued And Determined in the Supreme Judicial Court of the ...
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To quickly assess the difficulty of the text, read a short excerpt:
Old Colony and Fall Biver Bailroad Comi>aojr.
being lost by the agent of the defendants, the loss Cell on the defendants. The defendants contended that Holmes was acting in regard to it only as the agent of Loud, doing him a kind* ness; and that when the treasurer paid Holmes the money, it was a payment to Loud, and that therefore the loss should fall on him.
The defendants requested the court to instruct the jury, '^ that the circumstance that the treasurer, after correcting the bill (a...ccording to the minutes thereon) and paying the bill, lent the receipt, to be returned after showing the same, did not prevent the antecedent acts from constituting a legal payment." The court did not in terms so instruct the jury; but instructed them '< that the duties of the president and treasurer of the defendants were distinct and different (the court stating generally what the duties of each officer were under the law and upon the evidence); that the fact that Holmes was the president of the defendants would not make him the agent of the treasurer and of the corporation in this matter, nor would it prevent him from so acting; that the treasurer's place of business, and the proper place ordinarily for him to pay the debts and demands due from the corporation, was his office; but that he might well, if it were necessary, employ one of hie clerks, or any suitable person, to make a payment in his behalf, and in behalf of the corporation, as, for instance, he could by such person send money of the corporation to take up a note of tho corporation due at a bank ; and so he could transmit the money by Holmes to pay this wood bill, if he pleased, and it was for the jury to say, not upon any particular portion of the proo^ but upon all the evidence upon this point, how Holmes in this matter was acting, whether for the treasurer and the corporation!
What to read after Reports of Cases Argued And Determined in the Supreme Judicial Court of the ...?
You can find similar books in the "Read Also" column, or choose other free books by Massachusetts. Supreme Judicial Court, Ephraim Williams, Dudley Atkins Tyng, Octavius Pickering, Theron Metcalf, Luther Stearns Cushing, Horace Gray, Charles Allen, Albert Gallatin Browne to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Old Colony and Fall Biver Bailroad Comi>aojr.
being lost by the agent of the defendants, the loss Cell on the defendants. The defendants contended that Holmes was acting in regard to it only as the agent of Loud, doing him a kind* ness; and that when the treasurer paid Holmes the money, it was a payment to Loud, and that therefore the loss should fall on him.
The defendants requested the court to instruct the jury, '^ that the circumstance that the treasurer, after correcting the bill (a...ccording to the minutes thereon) and paying the bill, lent the receipt, to be returned after showing the same, did not prevent the antecedent acts from constituting a legal payment." The court did not in terms so instruct the jury; but instructed them '< that the duties of the president and treasurer of the defendants were distinct and different (the court stating generally what the duties of each officer were under the law and upon the evidence); that the fact that Holmes was the president of the defendants would not make him the agent of the treasurer and of the corporation in this matter, nor would it prevent him from so acting; that the treasurer's place of business, and the proper place ordinarily for him to pay the debts and demands due from the corporation, was his office; but that he might well, if it were necessary, employ one of hie clerks, or any suitable person, to make a payment in his behalf, and in behalf of the corporation, as, for instance, he could by such person send money of the corporation to take up a note of tho corporation due at a bank ; and so he could transmit the money by Holmes to pay this wood bill, if he pleased, and it was for the jury to say, not upon any particular portion of the proo^ but upon all the evidence upon this point, how Holmes in this matter was acting, whether for the treasurer and the corporation!
What to read after Reports of Cases Argued And Determined in the Supreme Judicial Court of the ...?
You can find similar books in the "Read Also" column, or choose other free books by Massachusetts. Supreme Judicial Court, Ephraim Williams, Dudley Atkins Tyng, Octavius Pickering, Theron Metcalf, Luther Stearns Cushing, Horace Gray, Charles Allen, Albert Gallatin Browne to read onlineMoreLess
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