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Reports of Actions Tried in the Queen's Bench Division of the High Court of Justice; From Michaelmas Sittings, 1882, to the End of Trinity Sittings, 1885 Volume 1 - Softcover
Synopsis
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ...before that time been "called" in the sense explained above by the United States Government to the knowledge of specified. It was both parties. This transaction was carried out in perfect wheneverefauit good faith, and in the common course of business, by both was made in pay6. J ment of the parties. coupons in When the bonds were presented for payment in the United ncr'returned the money paid for them, but no evidence was given of any case in which payment of a hand had been refused. A. sold to B. in accordance with the above course of business certain "Called Bonds,' whih had been originally stolen from American holders, and payment to B. of the bonds was refused by the American Government. Held, that there was an implied warranty of title on the sale by A. to B., and that B. was entitled to recover from A, the price paid. VOl. i. z iss4. States, it appeared that they had been (with others) stolen Raphael And from a body called the Manhattan Savings Institution, which 'r' upon their presentation claimed them. Burt k Co. The Treasury Department of the United States hereupon refused to pay the bonds, and referred the question as to who was entitled to them to a court, called the Court of Claims, which delivered a judgment to the effect that the Manhattan Institution was, and that the agents of the plaintiffs were not, entitled to be paid the amount secured by the bonds. The plaintiffs then sued the defendants to recover the sum paid for the bonds. They put their claim on the ground of a failure of consideration, breach of an implied warranty of title, and a custom alleged to exist in the city of London, that in such cases the vendor of the bonds should return the money paid for them, if they were not paid. Several witnesses...
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