| California - 1876 - 626 halaman
...provision only is void. § 1614. A written instrument is presumptive evidence of a consideration. § 1615. The burden of showing a want of consideration sufficient...instrument lies with the party seeking to invalidate ,r avoid it. TITLE II. MANNER OF CREATING CONTRACTS. SECTION 1619. Contracts, express or implied. 1621.... | |
| Morris March Estee - 1878 - 648 halaman
...instrument is presumptive evidence of a consideration: Civil Code, sec. 1614; and the burden of allowing a want of consideration sufficient to support an instrument...with the party seeking to invalidate or avoid it: Id., sec. 1615. 80. To constitute a valuable consideration it is not necessary that money should be... | |
| 1919 - 1022 halaman
...burden of proof would rest upon the makers of the bond, as it is provided in section 935, Rev. Laws, that: "The burden of showing a want of consideration...with the party seeking to invalidate or avoid it." See St. Louis & SPR Oo. v. Bruner, 62 Okl. 349, 152 Рас. 1103; Reeves & Co. v. Dyer, 52 Okl. 750.... | |
| 1886 - 1338 halaman
...provides: "Sec. 1G14. A written instrument is presumptive evidence of a consideration. "Sec. 1615. The burden of showing a want of consideration sufficient...with the party seeking to invalidate or avoid it." It was not necessary, therefore, that the agreement set forth in the cross-complaint should show an... | |
| 1890 - 1148 halaman
...it, and properly exccpted to. 8. Though Civil Code Cal. § 1615, provides that "the burden of showing want of consideration sufficient to support an instrument...with the party seeking to invalidate or avoid it, " yet, when the inaker of a note has shown that the consideration therefor is illegal, a príinsí... | |
| 1886 - 940 halaman
...provides: "Sec. 1614. A written instrument is presumptive evidence of a consideration. "Sec. 1615. The burden of showing a want of consideration sufficient...with the party seeking to invalidate or avoid it." It was not necessary, therefore, that the agreement set forth in the cross-complaint should show an... | |
| Morris March Estee - 1886 - 728 halaman
...is implied.1 In California any written instrument is presumptive evidence of a consideration,* and the burden of showing a want of consideration sufficient...lies with the party seeking to invalidate or avoid it.3 Similar statutes have been passed in many of the states.4 To constitute a valuable consideration... | |
| 1890 - 1148 halaman
...consideration, it has been necessarily conceded that the consideration was, or may have been, illegal ; anil, as above shown, that concession must be held good...that "the burden of showing a want of consideration siillicient to support an instrument lies with the party seeking to invalidate or avoid it." Conceding... | |
| California, James Henry Deering - 1897 - 1066 halaman
...consideration.— A. written instrument is presumptive evidence of a consideration: Civ. Code, sec. 1614. The burden of showing a want of consideration sufficient...with the party seeking to invalidate or avoid it: Civ. Code, sec. 1615: McCann v. Lewis, 9 Cal. 247; McCarty v. Beach, 10 Id. 463; Winters v. Rush, 34... | |
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