This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1863 edition. Excerpt: ...to the same subject-matter, are admissible in evidence.2 284. It is in the next place to be noted, that the rule is not infringed by the admission of parol evidence, showing that the instrument is altogether void, or that it never had any legal existence or binding force; either by reason of fraud, or ...
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1863 edition. Excerpt: ...to the same subject-matter, are admissible in evidence.2 284. It is in the next place to be noted, that the rule is not infringed by the admission of parol evidence, showing that the instrument is altogether void, or that it never had any legal existence or binding force; either by reason of fraud, or for want of due execution and delivery, or for the illegality of the subject-matter. This qualification applies to all contracts, whether under seal or not. The want of consideration may also be proved to show that the agreement is not binding; unless it is either under seal, which is conclusive evidence of a sufficient consideration,1 or is a negotiable instrument in the hands of an innocent indorsee.2 Fraud, practised by the party seeking the remedy, upon him against whom it is sought, and in that which is the subjectmatter of the action or claim, is universally held fatal to his title. "The covin," says Lord Coke, "doth suffocate the right." The foundation of the claim, whether it be a record, or a deed, or a writing without seal, is of no importance; they being alike void, if obtained by fraud.3 Parol evidence may also be offered to show that the contract was made for the furtherance of objects forbidden by law, whether it be by statute, or by an 'express rule of the Common Law, or by the general policy of the law; or that the writing was obtained by felony,3 or by duress; or that the party was incapable of binding himself, either by reason of some legal impediment, such as infancy or coverture,7 or from actual imbecility or want of reason,1 whether it be by means of permanent idiocy or insanity, or from a temporary cause such as drunkenness;2 or that the instrument came into the hands of the plaintiff without...
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Add this copy of A Treatise On the Law of Evidence; Volume 1 to cart. $29.16, new condition, Sold by Ingram Customer Returns Center rated 5.0 out of 5 stars, ships from NV, USA, published 2022 by Legare Street Press.
Add this copy of A Treatise On the Law of Evidence; Volume 1 to cart. $38.60, new condition, Sold by Ingram Customer Returns Center rated 5.0 out of 5 stars, ships from NV, USA, published 2022 by Legare Street Press.
Add this copy of A Treatise on the Law of Evidence; Volume 1 (Paperback to cart. $40.10, new condition, Sold by BargainBookStores rated 3.0 out of 5 stars, ships from Grand Rapids, MI, UNITED STATES, published 2016 by Wentworth Press.
