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action affirmed agent agreed agreement alleged allowed amount answer appeal application attorney authority Bank cause charge claim Code Commission Company complaint condition considered constitute contention contract corporation counsel damages defendant denied determine directed District Court effect entered entitled error evidence execution fact filed findings follows further give given Grant ground held instruction interest issued Judge judgment jury Key-Numbered land matter ment mortgage motion necessary negligence notice objection officer opinion owner paid parties payment performed person plain plaintiff pleadings possession presented proceedings purchase question reason received record recover referred refused relation rendered respondent rule secure statement statute sufficient Supreme Court sustained testified testimony thereof tion trial court trust verdict Wash wife witness
Page 425 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
Page 425 - That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 400 - No misrepresentation made in obtaining or securing a policy of insurance on the life or lives of any person or persons, citizens of this state, shall be deemed material, or render the policy void, unless the matter misrepresented shall have actually contributed to the contingency or event on which the policy is to become due and payable, and whether it so contributed in any case shall be a question for the jury.
Page 226 - Act and within four months prior to the filing of the petition, with the intent and purpose on his part to hinder, delay, or defraud his creditors, or any of them, shall be null and void as against the creditors of such debtor, except as to purchasers in good faith and for a present fair consideration...
Page 318 - The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Page 285 - There can be but one action for the recovery of any debt, or the enforcement of any right secured by mortgage upon real estate or personal property, which action must be in accordance with the provisions of this chapter.
Page 258 - Upon a trial of a question of fact by the court, its decision must be given in writing and filed with the clerk within thirty days after the cause is submitted for decision.
Page 439 - Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce...
Page 85 - An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.