John Frederick Archbold
Published: 2018-09-28
Total Pages: 510
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Excerpt from The Law of Nisi Prius, Vol. 2 of 2: Comprising the Declarations, Pleadings, and Evidence in Particular Actions, Namely, Bills of Exchange, Notes, Cheques, Etc., Policies of Insurance, in All Cases, and in Ejectment By R. G. H. 4 W. 4, r. 2, in all actions upon bills of exchange and promissory notes, the plea of non assumpsit shall be inadmissible. In such actions, therefore, a plea in denial must traverse some matter of fact, - as, for example, the drawing, or making, or endorsing, or accept ing, or presenting, or notice of dishonour, of the bill or note. Where, however, an executor declared on a promissory note, payable to his tes tator, laying the promise to himself after the death of the payee, it was holden not to be within the above rule, and that non assumpsit was a good plea; for the rule extends only to cases where a promise to pay is implied by law from the drawing, &c., and the law implies no such pro mise to pay an executor. Timmis et al. V. Platt, 2 Mees. 85 W. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.