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Books Books 1 - 10 of 35 on The manual delivery of an instrument may always be proved to have been on a condition....  
" The manual delivery of an instrument may always be proved to have been on a condition which has not been fulfilled, in order to avoid its effect. This is not to show any modification or alteration of the written agreement, but that it never became operative,... "
Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial ... - Page 540
by Massachusetts. Supreme Judicial Court - 1883
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 153

John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Law reports, digests, etc - 1894
...binding only upon the assent of the sureties. The Supreme Judicial Court of Massachusetts said : " The manual delivery of an instrument may always be...operative, and that its obligation never commenced." 131 Mass. 539, 540. In Benton v. Martin, 52 NY 570, 574, the principle is thus stated : " Instruments...
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A treatise on the admissibility of parol evidence in respect to written ...

Irving Browne - Evidence (Law) - 1893 - 494 pages
...of payment by a debtor was only to become binding upon the assent of the surety. The court said: " The manual delivery of an instrument may always be...commenced. Whitaker v. Salisbury, 15 Pick. 534; Davis v. Jones, 17 CB 625. Whether the delivery of a paper is absolute or conditional is a question of fact....
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 153

John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Law reports, digests, etc - 1894
...binding only upon the assent of the sureties. The Supreme Judicial Court of Massachusetts said : " The manual delivery of an instrument may always be...operative, and that its obligation never commenced." 131 Mass. 539, 540. In Benton v. Martin, 52 NY 570, 574, the principle is thus stated : " Instruments...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 153

John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Law reports, digests, etc - 1894
...binding only upon the assent of the sureties. The Supreme Judicial Court of Massachusetts said : " The manual delivery of an instrument may always be...operative, and that its obligation never commenced." 131 Mass. 539, 540. In Benton v. Martin, 52 NY 570, 574, the principle is thus stated : " Instruments...
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The law of evidence in civil cases, Volume 2

Burr W. Jones - Civil procedure - 1896 - 2198 pages
...on conditions, such conditions may be proved.9 The rule was thus stated in a Massachusetts case: " The manual delivery of an instrument may always be...modification or alteration of the written agreement, but to show that it never became operative, and that its obligation never commenced. " 19 The question...
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The American State Reports: Containing the Cases of General Value ..., Volume 58

Abraham Clark Freeman - Reports, digests, etc - 1898
...admissible." In Wilson v. Powers, 131 Mass. 539, the supreme court of Massachusetts thus lays down the rule: "The manual delivery of an instrument may always be...operative, and that its obligation never commenced": See, also, as bearing on this question, Cline v. Guthrie, 42 Ind. 227; 13 Am. Rep. 357; Chipman v....
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A selection of cases on evidence at the common law

James Bradley Thayer - Law - 1900 - 1263 pages
...such cases the so-called ' parol evidence rule,' invoked by the plaintiff, has no application. " ' The manual delivery of an instrument may always be proved to have been on a condition ... to avoid its effect. This Is not to show any modification or alteration of the written agreement,...
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United States Supreme Court Reports, Volume 47; Volumes 187-190

United States. Supreme Court, Walter Malins Rose - Law reports, digests, etc - 1903
...Wolf, filed a brief for petitioner: The manual delivery of an instrument may always be proved to be on a condition which has not been fulfilled, in order to avoid its effect. Bin-fee v. Dulaney, 153 US 228, 38 L. ed. 698, 14 Sup. Ct Rep. 816. This rule applies to policies of...
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North Carolina Reports: Cases Argued and Determined in the Supreme Court of ...

Law reports, digests, etc - 1905
...events to occur or to be ascertained thereafter." Devens, J., in Wilson v. Powers, 131 Mass., 539, says: "The manual delivery of an instrument may always be...not to show any modification or alteration of the instrument, but that it never became operative and that its obligation never commenced." Crompton,...
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The American State Reports: Containing the Cases of General ..., Volume 116

Abraham Clark Freeman - Law reports, digests, etc - 1907
...be firmly established by the foregoing cases and many others which might be cited that "the mamial delivery of an instrument may always be proved to...operative, and that its obligation never commenced": Wilson v. Powers, 131 Mass. 539. We think this well-settled doctrine rules the case at bar. Counsel...
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