ISBN: 9780217923828

Purchase of this book includes free trial access to www. million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Lea… Meer...

Purchase of this book includes free trial access to www. million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Leach v. Cowan. circumstances as the court can see that it would be unconscionable for the party who obtained the advantage in such transaction or settlement to retain that advantage, and e converse, although there was a clear mistake of law, yet if the party benefiting by the transaction may retain Purchase of this book includes free trial access to www. million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Leach v. Cowan. circumstances as the court can see that it would be unconscionable for the party who obtained the advantage in such transaction or settlement to retain that advantage, and e converse, although there was a clear mistake of law, yet if the party benefiting by the transaction may retain the advantage in good conscience, neither a court of law nor equity will give relief to the complaining party. Warren v. Williamson, 8 Baxt, 427, 431; Northrop v. Graves, 19 Conn, 548, 50 Am. Dec, 264; Baker v. Massey, 50 Iowa, 399, 403, citing with approval Korp on Fraud and Mistake, p. 398. See, also, 1 Story's Eq. Jur. (13th Ed.), section 111. In addition to Warren v. Williamson, supra, we have several cases in our reports which illustrate the principle: Drew v. Clarke, Cooke, 374, 380, 5 Am. Dec, 698; Trigg v. Read, 5 Humph, 529, 532-535, 42 Am. Dec, 447; Sparkg v. White, 1 Humph, 86, 90; Farnsworth v. Dins more, 2 Swan, 38, 42; King v. Doolittle, 1 Head, 78, 84-88; Dalton v. Wolfe, 11 Heisk, 498, 502; Spurlock v. Brown, 91 Tenn, 241, 261, 18 S. W, 868. In the case now before the court, even if it be true that Mr. Saunders could not have recovered the amount of the check in the suit against the executors, because of the absence of a technical consideration, yet there is no doubt, under the evidence, that it was given to him by his uncle as a marriage present, and was again taken possession of by the latter only for the purpose of preserving it. Under these circumstances Mr. Saunders can certainly retain the money with a good conscience, uid the demand of the complaints is based upon strict Leach v. Cowan. law merely, and is against conscience. Under these cir- cimstances, if a mistake was made, under the advice given by Maj. Lucky as representative of all the Books, History~~General, Reports-Of-Cases-Argued-And-Determined-In-The-Supreme-Court-Of-Tennessee~~Tennessee-Supreme-Court, 999999999, Reports Of Cases Argued And Determined In The Supreme Court Of Tennessee (1912), Tennessee. Supreme Court, 0217923828, General Books LLC, , , , , General Books LLC<

ISBN: 9780217923828

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustra… Meer...

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1912 Excerpt: ... BILLS OF EXCEPTIONS--Continued. 2. Facts and ivhat transpired on trial cannot be estab-lished by affidavits upon motion for a new trial, but must be authenticated by trial judge in bill of exceptions 19, 49-53 3. Matters not appearing in bill of exceptions, though ap-pearing on a separate paper, cannot be considered.. 131, 133 BREACH OF CONTRACTS. See Contracts, 2, 3. BURDEN OF PROOF. See Evidence, 7, 8. CASES CITED AND DISTINGUISHED OR MODIFIED. 1. Berry v. Wagner, 5 Lea, 564 694, 709 2. Brummett v. Scott, 4 Heisk., 325 694, 709 3. Byers v. Harris, 9 Heisk., 652 328 4. Chatterton v. Young, 2 Tenn. Chy., 771 342, 347 5. Coal Co. v. Scott, 121 Tenn., 88 694, 705, 706 6. Davidson v. Shelton, 1 Overt., 74 694, 709 7. Davidson v. Shelton, 2 Overt., 2 694, 709 8. Embry v. Galbreath, 110 Tenn., 297 159, 176 9. Federlicht v. Glass, 3 Lea, 481 342, 349 10. Frizzell v. Rundle, 38 Tenn., 396, 398, 399 159, 175, 176 11. Henegar v. Matthews, 88 Tenn., 133 694, 709 12. Ingram v. Jrorgan, 4 Humph., 66 159, 175 13. Jordan v. Keeble, 85 Tenn., 417 342, 347 14. Kelly v. State, 123 Tenn., 516 148, 153, 154 15. Kincaid v. Bradshaw, 6 Bax., 102 314, 321 16. Kurth v. State, 86 Tenn., 137 148, 153, 154 17. Lindsay v. Allen, 112 Tenn., 637 120, 121, 122 18. Napier v. Elam, 6 Yerg., 108 159, 175 19. Railroad v. Selcer, 7 Lea, 558 260, 266 20. Railroad v. Troxlee, 1 Lea, 521 260, 266 21. Routon v. Railroad, 1 Shannon''s Cases, 528 260, 265, 266 22. Steel & Wire Co. v. Speed, 110 Tenn., 524..148, 153, 154, 157 23. Talbot v. McGavock, lYerg., 271 694, 709 24. Taylor v. Vincent, 12 Lea, 282.... 148, 153, 154 25. Theus v. Dugger, 93 Tenn., 41 342, 349 26. Topp v. White, 12 Heisk., 165 159, 175 27. Toncray v. Toncray, 2 Shannon''s Cases, 408 112, 114, 115 28. Webb v. State, 11 Lea, 662 14... Tennessee. Supreme Court, Books, History, Reports Of Cases Argued And Determined In The Supreme Court Of Tennessee (volume 125) Books>History The book may have numerous typos or missing text. It is not illustrated or indexed. However, purchasers can download a free scanned copy of the original rare book from the publisher's website. You can also preview the book there.Purchasers are also entitled to a trial membership in the publisher's book club where they can select from more than a million books for free.Volume: 125 Original Publisher: Rich Printing Co. Publication date: 1912Subjects: Law reports, digests, etc; History / General; Law / General; Law / Reference<

ISBN: 9780217923828

Purchase of this book includes free trial access to www. million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Lea… Meer...

Purchase of this book includes free trial access to www. million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Leach v. Cowan. circumstances as the court can see that it would be unconscionable for the party who obtained the advantage in such transaction or settlement to retain that advantage, and e converse, although there was a clear mistake of law, yet if the party benefiting by the transaction may retain the advantage in good conscience, neither a court of law nor equity will give relief to the complaining party. Warren v. Williamson, 8 Baxt, 427, 431; Northrop v. Graves, 19 Conn, 548, 50 Am. Dec, 264; Baker v. Massey, 50 Iowa, 399, 403, citing with approval Korp on Fraud and Mistake, p. 398. See, also, 1 Story's Eq. Jur. (13th Ed.), section 111. In addition to Warren v. Williamson, supra, we have several cases in our reports which illustrate the principle: Drew v. Clarke, Cooke, 374, 380, 5 Am. Dec, 698; Trigg v. Read, 5 Humph, 529, 532-535, 42 Am. Dec, 447; Sparkg v. White, 1 Humph, 86, 90; Farnsworth v. Dins more, 2 Swan, 38, 42; King v. Doolittle, 1 Head, 78, 84-88; Dalton v. Wolfe, 11 Heisk, 498, 502; Spurlock v. Brown, 91 Tenn, 241, 261, 18 S. W, 868. In the case now before the court, even if it be true that Mr. Saunders could not have recovered the amount of the check in the suit against the executors, because of the absence of a technical consideration, yet there is no doubt, under the evidence, that it was given to him by his uncle as a marriage present, and was again taken possession of by the latter only for the purpose of preserving it. Under these circumstances Mr. Saunders can certainly retain the money with a good conscience, uid the demand of the complaints is based upon strict Leach v. Cowan. law merely, and is against conscience. Under these cir- cimstances, if a mistake was made, under the advice given by Maj. Lucky as representative of all the Books History~~General Reports-Of-Cases-Argued-And-Determined-In-The-Supreme-Court-Of-Tennessee~~Tennessee-Supreme-Court General Books LLC The book may have numerous typos or missing text. It is not illustrated or indexed. However, purchasers can download a free scanned copy of the original rare book from the publisher's website. You can also preview the book there.Purchasers are also entitled to a trial membership in the publisher's book club where they can select from more than a million books for free.Volume: 125 Original Publisher: Rich Printing Co. Publication date: 1912Subjects: Law reports, digests, etc; History / General; Law / General; Law / Reference<

ISBN: 9780217923828

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustra… Meer...

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1912 Excerpt: ... BILLS OF EXCEPTIONS--Continued. 2. Facts and ivhat transpired on trial cannot be estab-lished by affidavits upon motion for a new trial, but must be authenticated by trial judge in bill of exceptions 19, 49-53 3. Matters not appearing in bill of exceptions, though ap-pearing on a separate paper, cannot be considered.. 131, 133 BREACH OF CONTRACTS. See Contracts, 2, 3. BURDEN OF PROOF. See Evidence, 7, 8. CASES CITED AND DISTINGUISHED OR MODIFIED. 1. Berry v. Wagner, 5 Lea, 564 694, 709 2. Brummett v. Scott, 4 Heisk., 325 694, 709 3. Byers v. Harris, 9 Heisk., 652 328 4. Chatterton v. Young, 2 Tenn. Chy., 771 342, 347 5. Coal Co. v. Scott, 121 Tenn., 88 694, 705, 706 6. Davidson v. Shelton, 1 Overt., 74 694, 709 7. Davidson v. Shelton, 2 Overt., 2 694, 709 8. Embry v. Galbreath, 110 Tenn., 297 159, 176 9. Federlicht v. Glass, 3 Lea, 481 342, 349 10. Frizzell v. Rundle, 38 Tenn., 396, 398, 399 159, 175, 176 11. Henegar v. Matthews, 88 Tenn., 133 694, 709 12. Ingram v. Jrorgan, 4 Humph., 66 159, 175 13. Jordan v. Keeble, 85 Tenn., 417 342, 347 14. Kelly v. State, 123 Tenn., 516 148, 153, 154 15. Kincaid v. Bradshaw, 6 Bax., 102 314, 321 16. Kurth v. State, 86 Tenn., 137 148, 153, 154 17. Lindsay v. Allen, 112 Tenn., 637 120, 121, 122 18. Napier v. Elam, 6 Yerg., 108 159, 175 19. Railroad v. Selcer, 7 Lea, 558 260, 266 20. Railroad v. Troxlee, 1 Lea, 521 260, 266 21. Routon v. Railroad, 1 Shannon''s Cases, 528 260, 265, 266 22. Steel & Wire Co. v. Speed, 110 Tenn., 524..148, 153, 154, 157 23. Talbot v. McGavock, lYerg., 271 694, 709 24. Taylor v. Vincent, 12 Lea, 282.... 148, 153, 154 25. Theus v. Dugger, 93 Tenn., 41 342, 349 26. Topp v. White, 12 Heisk., 165 159, 175 27. Toncray v. Toncray, 2 Shannon''s Cases, 408 112, 114, 115 28. Webb v. State, 11 Lea, 662 14... Tennessee. Supreme Court, Books, History, Reports Of Cases Argued And Determined In The Supreme Court Of Tennessee (volume 125) Books>History, General Books LLC<