The Declaratory Judgment Brief

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The Declaratory Judgment Brief
Edwin Montefiore Borchard
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For money loaned due at a future date.
2. For the surrender of a leasehold estate or of a chattel at the termination of the lease or term of hiring.
3. For installments of payments [or other acts] falling due at periodic times in the future, provided judgment has been obtained on an installment already past due.
4. Where the debtor without justification or claim of right shows that he intends to evade or refuse performance when due. 149 142 A possible exception may be found in the ease of Honou
...r v. Equitable Life Ass. Soc. [1900], 1 Ch. , 852, in which the declaration was refused on the defendants undertaking not to avail themselves of a certain defense, although it is not at all clear that the court made this a condition.
i Nobin f. Nilkamal (1916), 25 Calcutta L. J. , 537, 545; Hemendraw. Upendra(1915), 431. L. R. , Calcutta, 743, 766.
Abhoy v. Kelly (1880), 5 1. L. R. , Calcutta, 949.
Nauji v. Umatul (1912), 15 Calcutta L. J.. 724. See ajso supra, p. 29.


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