| 1874 - 978 halaman
...prejudice of the plaintiff," see Com. Dig., Action in the case on assumpsit, B. 1. If it be either, the adequacy of the consideration is for the parties...not for the Court when it is sought to be enforced. The argument for the defendant was that the Subscriber to a charity is under an obligation to give... | |
| Nathaniel Cleveland Moak - 1874 - 922 halaman
...prejudice of the plaintiff :" see Com. Dig. Action on the case in assumpsit, B. 1. If it be ^either, the adequacy of the consideration is for the parties...not for the court when it is sought to be enforced. The argument for the defendant was that the subscriber to a charity is under an obligation to give... | |
| Sir William Reynell Anson - 1879 - 486 halaman
...choice of each promisee formed an appreciable consideration, and laid it down that 'the adequacy of tl1e consideration is for the parties to consider at the...not for the Court when it is sought to be enforced.' i0 A. & E. 309. A stronger authority is the case of Haiijh v. Brooks, The defendant in that case promised... | |
| Sir William Reynell Anson - 1880 - 442 halaman
...limitation of the choice of each promisee formed an appreciable consideration, and laid it down that " the adequacy of the consideration is for the parties...not for the Court when it is sought to be enforced." 71 10 A. & E. A stronger authority is the case of IJaioh v. Brooks. «,, ri uy The defendant in that... | |
| Henry William May - 1887 - 760 halaman
...the interposition of creditors or purchasers (n). It was said by the Court in Bolton v. Madden (o), "the adequacy of the consideration is for the parties...not for the Court when it is sought to be enforced." So Lord Westbury laid down the rule in Tennent v. Tennents (p): "It is true that there is an equity... | |
| 1920 - 1216 halaman
...consideration seems to be sufficient to support the most onerous obligation ; the Inadequacy, as has been said, Is for the parties to consider at the time of making the agreement, and not for the court when It Is sought to be enforced. It Is competent for the parties to make whatever... | |
| Theophilus Parsons - 1893 - 928 halaman
...the defendant was a sufficient consideration without reference to its contents." And in general, " The adequacy of the consideration is for the parties...not for the court when it is sought to be enforced." Per Blackburn, J., in Bolton r. Madden, LK 9 QB 55. See also, Wolford i>. Powers. 85 Ind. 294 ; Colt... | |
| Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1894 - 720 halaman
...251-2; Eads v. Thompson, 109 Ill. 145. " It was said by the court in Boltom v. Midden, LRQ R. 57, that the adequacy of the consideration is for the parties...not for the court when it is sought to be enforced." May on Fraudulent Conveyances, p. 25-33. " In the absence of evidence to the contrary, honesty and... | |
| William John Tossell - 1906 - 870 halaman
...mere inadequacy of consideration is not a ground for refusing enforcement of an agreement. "Inadequacy is for the parties to consider at the time of making...not for the court when it is sought to be enforced." Woodruff v. McDonald, 33 Ark. 97; Swan v. Sliahan, 1 Circ. Dec, 119 (IB. 216). In the present case... | |
| Montana. Supreme Court - 1898 - 668 halaman
...rights, and was an adequate and sufficient consideration for their promises and undertakings. * * * The adequacy of the consideration is for the parties to consider at the time of making the agreement — i not for the court when it is sought to be enforced. Here, with the consent of the defendant's... | |
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