Atlantic Reporter
Atlantic Reporter
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In our eReader you can find the full English version of the book. Read Atlantic Reporter Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Atlantic Reporter
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Under tliese circumstances the presumption of payment would undoubtedly arise, unless there is sufficient evidence to explain the delay, or to show tliat, notwithstanding the presump- tion, the debt is actually unpaid. There is no evidence showing when the several credits referred to, or any of tiiem, were entered, and it is a well-es- tablished principle that credits indorsed on a bond are not evidence of actual payment, to rebut the presumption, until proven or shown to have been made within ...20 years, and while it was contrary to the interest of the obligee to make them. Lash v Von Neida, 16 Wkly. Notes Gas. 93. It is not pre- tended that Robert Killough was insolvent, or that the money might not at any time after the maturity of the bond have been made out of his estate; the only matter suggested in explanation of the delay is the fact that the parties to the obligation were brother and sister, and, as the latter was in no need for her money, she was indulgent in its collection. The appellants rely, how- ever, upon certain admissions of Robert Killough, made .within 20 years, which they contend are sufficient to rebut the presumption of payment.
What to read after Atlantic Reporter?
You can find similar books in the "Read Also" column, or choose other free books by West Publishing Company to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Under tliese circumstances the presumption of payment would undoubtedly arise, unless there is sufficient evidence to explain the delay, or to show tliat, notwithstanding the presump- tion, the debt is actually unpaid. There is no evidence showing when the several credits referred to, or any of tiiem, were entered, and it is a well-es- tablished principle that credits indorsed on a bond are not evidence of actual payment, to rebut the presumption, until proven or shown to have been made within ...20 years, and while it was contrary to the interest of the obligee to make them. Lash v Von Neida, 16 Wkly. Notes Gas. 93. It is not pre- tended that Robert Killough was insolvent, or that the money might not at any time after the maturity of the bond have been made out of his estate; the only matter suggested in explanation of the delay is the fact that the parties to the obligation were brother and sister, and, as the latter was in no need for her money, she was indulgent in its collection. The appellants rely, how- ever, upon certain admissions of Robert Killough, made .within 20 years, which they contend are sufficient to rebut the presumption of payment.
What to read after Atlantic Reporter?
You can find similar books in the "Read Also" column, or choose other free books by West Publishing Company to read onlineMoreLess
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