Analysis of Current Judicial DecisionUniversity of California, Berkeley., 1924 - 5 Seiten |
Häufige Begriffe und Wortgruppen
11 California Law acknowl act of payment actions for injury amendment assigned attestation clause automobile bank banker Bills and Notes birth of issue bond buyer California Civil Code California Constitution California Law Review citing Clunin Code Civ code section Conflict of Laws contestant court held creditor debt debtor decision depositor's dictum disinherit dispositive clause District Court edgment employer Estate of Kurtz extrinsic evidence fact factor ground holographic Industrial Accident Commission jurisdictions legal requisite legislature lex loci contractus lex loci solutionis liability lien mentioned therein Mixom negotiable instrument negotiable paper non-negotiable original obligor owner parties payable payment of interest person plaintiff pledge principal printed surplusage privilege Proc public policy purpose question requirements result revoked rule service of process set-off show an intention Stats sufficient acknowledgment Supra Supreme Court testator testator's Theodore Rectanus Co tion trademark or name TRADENAMES unless provision wager wife writing signed
Beliebte Passagen
Seite 11 - ... unless provision shall have been made for such issue by some settlement, or unless such issue shall be provided for in the will, or in such way mentioned therein, as to show an intention not to make such provision ; and no other evidence to rebut the presumption of such revocation, shall be received.
Seite 51 - ... that in actions of debt or upon the case grounded upon any simple contract, no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract...
Seite 49 - One who has allowed another to assume the apparent ownership of property for the purpose of making any transfer of it, cannot set up his own title, to defeat a pledge of the property, made by the other, to a pledgee who received the property in good faith, in the ordinary course of business, and for value.
Seite 51 - No acknowledgment or promise is sufficient evidence of a new or continuing contract, by which to take the case out of the operation of this title, unless the same is contained in some writing, signed by the party to be charged thereby.
Seite 51 - Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...
Seite 118 - ... a contract for the very purpose of having it acted on. For example, conditional sales contracts of automobiles are largely dealt in by way of sale and assignment, and if it appeared in the present case that the defendant had acknowledged the receipt of the subject of the sale prior to his actually having received it, in order that his vendor might the more easily realize upon the contract, or even under circumstances such that he should have known that...
Seite 56 - If, after making a will, the testator marries, and the wife survives the testator, the will is revoked...
Seite 11 - The law presumes that the subsequent marriage of a testator has wrought such a change in his condition in life as to cause him to destroy or cancel a previous will, and does not admit of evidence to the contrary unless provision hat been made according to law for wife and children who have turvived him. (Sections 1298, 1299, supra.)" (Italics ours.) See, also, Wood v.
Seite 12 - ... any person whomsoever who, if I died intestate, would be entitled to any part of my estate...
Seite 111 - Is further held that under section 360, supra, the "acknowledgment or promise" must be "contained in some writing signed by the party to be charged." It is not essential that the acknowledgment or promise should be formal, but it is sufficient if it shows the writer regards or treats the contract as subsisting, from which a promise may be implied. Manchester v.