 In deciding upon this intent, the chief and most satisfactory index for the judge is found in the circumstance whether or not the particular element of the alleged extrinsic negotiation is dealt with at all in the writing. If it is mentioned, covered...  The Pacific Reporter - Page 3001915Full view - About this book
 | John Henry Wigmore - 1905 - 922 pages
...extrinsic negotiation is dealt with at all in the writing. If it is mentioned, covered, or dealt with in the writing, then presumably the "writing was meant...negotiation. This test is the one used by the most careful judges,8 and is in contrast with the looser and incorrect inquiry (post, § 2431) whether the alleged... | |
 | 1912 - 1276 pages
...extrinsic negotiation Is dealt with at all In the writing. If it is mentioned, covered, or dealt with In the writing, then presumably the writing was meant...negotiation contradicts the terms of the writing." The contract foreshadows several things which were intended by the parties to be covered by the $50... | |
 | 1914 - 784 pages
...extrinsic negotiation Is dealt with at all in the writing. If it is mentioned, covered, or dealt with In the writing, then presumably the writing was meant...intended to embody that element of the negotiation." An illustration is cited from Webb v. Plummer, 2 B. & Aid. 746, <750, as follows : "Where there is... | |
 | Alberta. Supreme Court - 1925 - 744 pages
...negotiation is dealt with at all in the writing. If it is mentioned, covered, or dealt with therein, then presumably the writing was meant to represent...the transaction on that element. If it is not, then presumably the writing was not intended to embody that element of the negotiation (per Scott, CJ, Stuart... | |
 | 1910 - 1158 pages
...extrinsic negotiation is dealt with at all In the writing. If It Is mentioned, covered, or dealt with in the writing, then presumably the writing was meant...negotiation contradicts the terms of the writing." Wigmore on Evidence, f 2430. The written contract between the parties now before us provided for a... | |
 | United States. Department of the Army - 1962 - 576 pages
...extrinsic negotiation is dealt with at all in the writing. If it is mentioned, covered, or dealt with in the writing, then presumably the writing was meant to represent all of the transactions on that element ; if it is not, then probably the writing was not intended to embody that... | |
 | United States Congress. House. Banking and Currency Committee - 1966 - 934 pages
...writing. If it is mentioned, covered, or dealt with in the writing, then presumably the writing was mennt to represent all of the transaction on that element;...intended to embody that element of the negotiation" (9 Id. § 2430) . [Emphasis added.] Since the question of overdue paper was covered by reference to... | |
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