 | New York (State) - Civil procedure - 1922 - 2040 pages
...342. Seal on executory instrument as evidence of consideration. A seal upon an executory instrument is only presumptive evidence of a sufficient consideration, which may be rebutted as if the instrument was not sealed. Ix.nd (Mutual 35 At) 218, 54 NYS 743). Granting right to cut ice (Hazelton... | |
 | Civil procedure - 1922 - 1482 pages
...342. Seal on executory instrument as evidence of consideration. A seal upon an executory instrument is only presumptive evidence of a sufficient consideration, which may be rebutted as if the instrument was not sealed. Derivation. — Code civ. proc., 5 840, as am. by L. 1877, ' On contract... | |
 | Ernest Wilson Huffcut, Edwin Hamlin Woodruff - Contracts - 1925 - 872 pages
...[Civ. Pr. Act, $ 342], which provides that '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.' Neither a receipt nor a release is a contract or an executory instrument.... | |
 | Carl Frederick Helm - Contracts - 1926 - 612 pages
...promisee." Aller v. Aller, 40 New Jersey Law 446, 1878: Under a statute reading : "That in every action upon a sealed instrument, * * * the seal thereof shall...be rebutted, as if such instrument was not sealed," the Court held : "That mischief which the above law was designed to remedy, was that where the parties... | |
 | Law reports, digests, etc - 1911 - 1318 pages
...act concerning sealed instruments" (PL 1875, p. 56; 2 Gen. St. 1895, p. 1413. pi. 72), it was enacted "that in every action upon a sealed instrument, or...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... | |
 | Law reports, digests, etc - 1892 - 1276 pages
...act concerning sealed instruments," (Revision, p. 387, pi. 52.) These are the words 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 sealed; and that all instruments executed with a scroll, or otherdevice... | |
 | Civil procedure - 1928 - 2086 pages
...342. Seal on executory instrument as evidence of consideration. A seal upon an executory instrument is only presumptive evidence of a sufficient consideration, which may be rebutted as if the instrument was not sealed. Source — CCP i 810 unchanged — Revisers' Note. Star (•) means... | |
 | New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1901 - 766 pages
...of Civil Procedure reads as follows: " A seal upon au executory instrument, hereafter executed, is only presumptive evidence of a sufficient consideration, which may be rebutted, as if the instrument was not sealed." In view of the previous history of legislation upon this subject, it... | |
 | Law reviews - 1888 - 332 pages
...Cod* of Civil Procedure, § 840. A seal upon an executory instrument, hereafter to be executed, is only presumptive evidence of a sufficient consideration which may be rebutted as if the instrument was not sealed. 107, § 68. Voluntary assignments for the benefit of creditors are regulated... | |
 | Law - 1885 - 370 pages
...453. 101, § 66. Code of Civ. Pro. § 840. 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. 102, § 66. Day vs. Roth, 18 NY 453. 107, § 68. Voluntary assignments... | |
| |
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. 
