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" A seal upon an executory instrument, hereafter executed, is only presumptive evidence of a sufficient consideration, which may be rebutted, as if the instrument was not sealed. "
Reports of Cases Decided in the Court of Chancery of the State of New Jersey - Page 172
by New Jersey. Court of Chancery - 1880
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Acts of the General Assembly of the State of New Jersey

New Jersey - Law - 1875 - 1050 pages
...in every action upon a sealed a scroll, shall . • , -ia? • r T 3 i instrument, or where a set-on is founded upon a sealed instrument, the seal thereof...may be rebutted as if such instrument was not sealed ; and that all instruments executed with a scroll, or other device by way of a scroll, shall be deemed...
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The Code of Civil Procedure of the State of New York: Being Chapter 448 of ...

1878 - 462 pages
...of the corporation. Uon. § 840. A seal upon an executory instrument, hereafter executed, is Seal, only presumptive evidence of a sufficient consideration, which may be rebutted, as if the instrument was not sealed. considera § 841. A person, upon whose life an estate in real property...
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Reports of Cases Decided in the Court of Chancery, the Prerogative ..., Volume 5

John Hoff Stewart - Equity - 1880 - 944 pages
...of equity would do so for the purpose of ascertaining what was due upon it. Fanmm v. Burnett, 6 C. K Gr. 87. That act provides that in every action upon...requisite did not exist when the contract was made. Aller v. Alter, 11 Vr. 446. As before stated, the mortgage in this case was given in 1868, prior to...
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The New-York Code of Civil Procedure: Carefully Annotated and Fully Indexed ...

New York (State) - 1881 - 1532 pages
...presumptive evidence of consideration. — A seal upon an executory instrument, hereafter executed, is only presumptive evidence of a sufficient consideration, which may be rebutted, as if the instrument was not sealed, Substitute for 2 RS 406, } 77. Calkins r. Long, 22 Barb. 99: Wright...
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Atlantic Reporter, Volume 22

Law reports, digests, etc - 1892 - 1158 pages
...act concerning sealed instruments," (Revision, p. 387, pi. 52.) These are thewords of the enactment: "That in every action upon a sealed instrument, or...evidence of a sufficient consideration, which may be refuted as if such instrument was not pealed ; and that all instruments executed with a scroll, or...
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The New York Supplement, Volume 91

Law reports, digests, etc - 1905 - 1164 pages
...longer in the law the fetish that It once was, but it still stands for something. By statute, it is presumptive evidence of a sufficient consideration, which may be rebutted, as if the instrument was not sealed; its presence makes the document to which it is attached a specialty...
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The New York Code of Civil Procedure, as Amended To, and Including, 1889 ...

New York (State), Charles David Rust - 1889 - 864 pages
...of the corporation. §840. [am'd 1877.] A seal upon an executory instrument, hereafter executed, is only presumptive evidence of a sufficient consideration, which may be rebutted, as if the instrument was not sealed. § 841. [am'd 188Э.] A person, upon, whose life an estate in ген!...
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The General Principles of the Law of Evidence: With Their Application to the ...

Frank Sumner Rice - Civil procedure - 1892 - 832 pages
...presumptive evidence of consideration. A seal upon an executorv instrument, hereafter executed, is only presumptive evidence of a sufficient consideration, which may be rebutted, as if the instrument was not sealed. £ 841. Presumption of death in certain cast's. A person, upon whose...
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American Cases on Contract: Arranged in Accordance with the Analysis of ...

Ernest Wilson Huffcut, Edwin Hamlin Woodruff - Contracts - 1894 - 762 pages
...The statute reads : " That in every action upon a sealed instrument, or where a set-off is founded on a sealed instrument, the seal thereof shall be only...be rebutted, as if such instrument was not sealed," etc. Suppose the presumption that the seal carries with it, that there is a sufficient consideration,...
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The New York Code of Civil Procedure ...

1894 - 970 pages
...the corporation. § 840. [am'd 1877.] A seal upon an executory instrument, hereafter ex ecuted, is only presumptive evidence of a sufficient consideration, which may be rebutted, as if the instrument was not sealed. § 841. [am'd 1889, 1891.] A person upon whose life an estate in real...
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