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" At law it has been held that upon non est factum the defendant may give in evidence that they made him sign the bond when he was so drunk that he did not know what he did. "
Reports of Cases Argued and Determined in the Supreme Court of Judicature of ... - Página 52
de Indiana. Supreme Court, Isaac Newton Blackford - 1836
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An Abridgment of the Law of Nisi Prius ...

William Selwyn - 1812 - 700 páginas
...husband disagreed to it; or that the bond was delivered as an escrow1; or that he was made to execute it when he was so drunk, that he did not know what he did*. But if the deed is voidable •only, as by reason of infancy or duress, in these, and the like cases,...
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An Introduction to the Law, Relative to Trials at Nisi Prius

Francis Buller - 1817 - 684 páginas
...would continue good against the others. — Law of Evid. 111. (a) The defendant may give in evidence, that they made him sign it when he was so drunk, that he did riot know what he did, (or that he was a lunatic at the time. (Cole v. Robins, H. 2 Ann. per Ifolt,...
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An Abridgment of the Law of Nisi Prius...

William Selwyn - 1817 - 728 páginas
...husband disagreed to it ; or that the bond was delivered as an escrow b ; or that he was made to execute it when he was so drunk, that he did not know what he didc. But if the deed is voidable only, as by reason of infancy or duress, in these, and the like cases,...
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A Treatise on Equity: With the Addition of Marginal References ..., Volumen 1

Henry Ballow, John Fonblanque - 1820 - 492 páginas
...shewing, that upon non est factum, defen^ dant may give in evidence, that they made him sign the bond when he was so drunk that he did not know what he did. «8 A TREATISE OF EQUITY. [Book L thing concerning him. However, equity (f), (4) HfA v• as it seems,...
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A treatise on the principles and practice of the High court of chancery

Henry Maddock - 1820 - 788 páginas
...Ves. case." Stockley v. Stofkley, 18 12. Ves. 30, 31. (t) Cory and Cory, 1 Ves. p. him sign the Bond when he was so drunk that he did not know what he did (,r). So, a Will made by a drunken Man is invalid (#). And will a Court of Equity be less indulgent...
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A Treatise on the Law of Idiocy and Lunacy

Anthony Highmore - 1822 - 224 páginas
...justice Holt held that a person might shew, in opposition to the validity of a bond, that he was made to sign it when he was so drunk that he did not know what he did.(»/) They have, however, been deemed capable of purcha(s) Sugdei) 87. 1 Ves. 82. (x) 2 Vern. 189. (*) 1...
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Reports of Cases Heard in the House of Lords: On Appeals and ..., Volumen 1

Great Britain. Parliament. House of Lords, Richard Bligh - 1823 - 688 páginas
...bond, the Defendant pleading non est factum, may give in evidence that he was made to sign the bond when he was so drunk that he did not know what he did. In Pitt v. Smith, 3 Campbell's Rep. p. 34. Lord Ellenborough appears to have laid down a similar doctrine...
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An Abridgment of the Law of Nisi Prius...

William Selwyn - 1831 - 774 páginas
...disagreed to it ; or that the bond wasdelivere as an escrow™; or that he was made to execute ituvhen he was so drunk, that he did not know what he did"! But il ijhe deed is voidable only, as by reason of infancy OT duress], jn these and the like cases,...
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A Practical Abridgment of American Common Law Cases Argued and ..., Volumen 4

Jacob D. Wheeler - 1835 - 632 páginas
...Strange, 1104. Justice Buller, in referring to the same case, says, "the defendant may give in evidence that they made him sign it, when he was so drunk that he did not know what he did ;" Bui. JVm Prius, 172. In the case of Pitt v. Smith, 3 Camp. Rep. 33, Ld. Ellenborough permitted the...
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Selwyn's Abridgment of the Law of Nisi Prius

William Selwyn - 1861 - 840 páginas
...execution, or, that the bond was delivered as an escrow, or, that the defendant was made to execute it when he was so drunk that he did not know what he did, must be pleaded specially. It is not now necessary to make profert of any deed mentioned or relied...
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