A Treatise Upon Some of the General Principles of the Law: Whether of a Legal, Or of an Equitable Nature, Including Their Relations and Application to Actions and Defenses in General, Whether in Courts of Common Law, Or Courts of Equity; and Equally Adapted to Courts Governed by Codes, Volume 1

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W. Gould & Son, 1879 - Actions and defenses
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Contents

Contract against public policy
91
ILLEGALITY Confinued
106
CHAPTER XXXIV
150
P19
161
L1cnnsn Continued p
204
CHAPTER XLI
223
Lnnrirross srarnrn or Oontinued P402 Section 4 Death or want of parties to sue or be sued
277
Disability to sue or be sued
278
Infancy
280
Coverture
281
Insanity
283
Suspension by prior suit
284
Restraint by injunction
286
Article ITI Of new promises or acknowledgments 237
287
What is sufiicicnt
289
What is not suificient
292
Conditional promise
294
Indefinite promise
295
What is a sufiicient written promise
296
Promise by whom made
298
Promise to whom made
300
Part payment
301
Part payment in property 808
303
Part payment by bill or note
304
Pertpaymcnt to whom made
305
Promise by agent executor etc
306
Payments must be voluntary
307
How to plead it cos CHAPTER XLII
311
When a defense for acts done
313
Stf11 3 When not a defense 814
315
When not a defense
317
As a defense for torts
319
Mgaggglmmflnnsncmln 820
320
ct 1n2 Whatiflsgood defense
321
Sotionawhflfisnotadefense
324
Mrsrsm
327
CHAPTER XLVI
341
CHAPTER XLVIII
350
et4H0winterposed 326
363
CHAPTER Ln
379
Psnnwr Crmtimled
404
CHAPTER LIII
424
Rascmnmo EN51BUMEN1S Continued PAGE Section 2 What is good ground for
469
ll
470
CHAPTER LIX
471
When not a defense 472
472
CHAPTER LX
473
What demands a subject of setoff C
475
What a setofi in an action at law
477
What n setoff in a suit in equity 478
479
Demand existing when suit commenced
480
Unliquidated demands 431
483
Demands arising out of torts
485
Mutuality of demands I
486
Sectmn 12 BY against or between partners
488
Section 22 Demauds aguinst executors etc
504
Section 23 Demands by 01 against bank
505
Demands by or against insurance companies
507
S ction 26 Demands bY 01 against public oflicers
509
Efiect of form of action on setofi
510
Actions upon contracts generally
511
section 30 Acmms n bmfi 1101188 etc
513
Bechonsl Action for work labor and services _
514
STATUTE no11zomrzCmmnued mos Section 4 How construed
568
Private or special statutes
569
CHAPTER LXIII
571
What does not
573
Section 4 Who may interpose defense
574
How interposed
575
TENDER
576
In actions for a tort
577
By whom made
578
To whom made
579
Time of making a tender 530
580
Whore to be made
582
section 2 In what money 683
583
In bunk bills 533
584
U S grecnbncks 535
586
Section 7 Production of the money 537
587
Stin 3 Requiring change
588
Tender under protest
590
Keeping tender good
591
Waiver of strict tender
593
Eflect of u valid tender
594
Demand after a tender
596
Tender of clmttels
598
Tender of performance
600
Usvnr
602
What contracts are usurious
605
What contracts not usurious
607
Effect of devices to cover usury
611
Lonn of bills and notes
613
Of accommodation paper
614
Bonds
615
Mortgages
616
Contracts for sale of lands
617
Contracts for sale of personal property
618
Contracts by or with corporations
620
Interest upon interest
621
Commissions presents etc
622
Law of place
623
Who may plead the defense
624
How pleaded
628
Recovery of usurious payments
630
When not recoverable 682
632
Relief in equity
633
Exhausting_ remedy at law
634
Restraining proceedings at law
635
Replication sac section 27 Amendments for setting up defense 686
636

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