 | Joseph Chitty - 1855 - 979 Seiten
...when the seller has made no warranty and practiced no fraud. Ricks v. Dillahunty, 8 Porter, 133. 2 In an action by the payee against the maker of a promissory note given for the price of a chattel, it is competent for the maker to prove, in reduction of damages,... | |
 | Conway Robinson - 1855
...circumstances he may be affected. From what was said on a former page (p. 141, 2), it will be understood that in an action by the payee against the maker of a promissory note, he may shew that it was given upon a consideration which has failed. Jefferies v. Austin, 1 Str. 674;... | |
 | Theophilus Parsons - 1857
...nml at great length by Drvxy, 3., in Harrington ». Stratton, 22 Pick. 510, where it was hrlti that in an action by the payee against the maker of a promissory note given for the price of a chattel, it is competent for the maker to prove, in reduction of damages,... | |
 | Great Britain. Court of Common Pleas - 1857
...upon the shareholdere. Allen T, The Sea, Fire, Life Assurance Compaay, 574 II. Want of Consideration. In an action by the payee against the maker of a promissory note, it is no answer for the latter to plead that the only consideration for the giving of the note was... | |
 | Chauncey Smith - 1859 - 910 Seiten
...opinions taken by the solicitor was refused. Warde v. Warde, i. 94. 15. Books intrusted to counsel. In an action by the payee against the maker of a promissory note for money lent, the plaintiff, for the purpose of taking the case out of the Statute of Limitations,... | |
 | Joseph Kinnicut Angell - 1861 - 494 Seiten
...is a question of law for the determination of the court ; 1 but extrinsic facts are for the jury.2 In an action by the payee against the maker of a promissory note, the plaintiff, to rebut a plea of the statute, proved the fact of a payment on account of the note... | |
 | William Selwyn - 1861
...between the immediate parties, want or illegality of consideration may be insisted on as a defence. In an action by the payee against the maker of a promissory note for 10/. which had been given by the defendant as an apprentice fee with his son to the plaintiff,... | |
 | Edwin Tyrrell Hurlstone, John Paxton Norman - 1861
...the plea was bad : Jones v. Jones (b). Again, in Spiller v. Westlake (c), it was held no defence to an action by the payee against the maker of a promissory note, that the payee had agreed to convey an estate to the maker, in consideration of a sum of money then... | |
 | Illinois. Supreme Court - 1847
...required to enable the defendants to sue for, or set off this claim, any more than in the case of a suit against the maker of a promissory note payable at a particular place. In the case of a promissory note or bill of exchange, payable at a bank, or other place specified,... | |
 | Massachusetts. Supreme Judicial Court - 1862
...this will not give the defendant the right to open and close, under the rule of that court. THIS was an action by the payee against the maker of a promissory note. The defendant alleged that the note was an accommodation note, given by him to the plaintiff as a loan... | |
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C. 578, in an action by the payee against the maker of a promissory note, the plaintiff proved a joint and several note made by the defendant and another person. 
