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PARK,

[References are to Sections.]

municipal corporation, devise for, 2235.

PAROL EVIDENCE,

acceptance of bill or draft, 1839.

accord and satisfaction proved when, 1598.
account stated established by, 1605, 1607.
agent's authority proved by, 1628, 1640.

written authority not proved by, 1630.

agreement concerning boundary line shown by, 1857.
ambiguity in devisee's name, how removed, 2210.
arbitration, oral submission proved by, 1664.

submission and award proved by, 1664.

testimony of arbitrator incompetent when, 1664.

assignment proved by, 1713.

admissions not competent when, 1715.

for creditors, admissibility of, 1709.

attachment, what competent, 1741.

bills and notes, effect of, 1843.

bill of lading, effect of, 1914.

boundaries, intent shown by, 1854.

located by, 1850.

breach of promise, exchange of letters, 1870.
children not named in will, effect of, 2228.

circumstances attending execution of, instruction, 1831.
corporation existence, 1947.

organization of, 1936.

rules, by-laws and books, how proved, 1941.

death proved by, 2009.

devisees identified, nature of evidence, 2212.

not named, effect of, 2225.

execution proved by, 1825.

fraud and duress established by, 1834.

heirship proved by, 2085.

identification of society named as devisee, 2240.
indorsement not explained or contradicted by, 1830.
insurance, oral contract of, 2311.

proofs of loss, 2239.

latent ambiguity as to legatee, 2211.

letters of administration, ambiguity in, 2085.

limitations, acknowledgment of debt, 2466.

running disputed by parol evidence, 2468.

lost corners relocated how, 1855.

marriage proved by, 2490.

mistake in instruments shown by, 1833.
mutual benefit societies, admissibility, 2420.
partnership established by, 2546.

[References are to Sections.]

PAROL EVIDENCE-Continued.

payment of obligation shown by, 1840.

proved by, 2576.

time, place and manner, 2579.

presumption as to boundaries overcome by, 1847.
as to survey overthrown by, 1846.

receipt explained by, 2581.

sale proved by, 2617.

proof concerning, 2627.

special damages for breach of contract, 1981.

testator's declarations of devisee's identity, 2218, 2219.

trespass, title proved by, 2652.

usury, established by, 1841.

waste, proof of, 2678.

will, revocation of, 2697.

PARTIES,

abatement for non-joinder, 1588.

assignee bound by judgment against assignor when, 1716.
witnesses against decedent's estate when, 2094.

PARTNERSHIP,

accounting, books as evidence, 2575.

burden of proof, 2575.

acts and conduct as proof of, 2547.

admissions and declarations competent when, 2548.

as evidence of, 2548.

agency of partners, 2550, 2567.

agent forming, ratification of, 2544.

agreement, proof of, 2543, 2544.

assent and ratification of, 2543.

authority of partner, presumption, 2567.

books and papers as evidence against partners, 2564.
between partners, 2562.

against third person, 2565.

for third persons, 2566.

burden of proof, 2541.

certificate as proof of, 2545.

circumstantial evidence to establish, 2547.

consent essential to create, 2543.

declarations as evidence of, 2548.

definition of, 2540.

dissolution, admissions made after, 2573.

authority of partner after, 2572.

liability terminates when, 2574.
notice essential when, 2574.

dormant partner, liability of, 2570, 2571.
limitations on liability, 2571.

[References are to Sections.]

PARTNERSHIP-Continued.
estoppel to deny, 2071, 2557-2559.

holding out as evidence, elements, 2557, 2558
proof of, 2555-2559.

husband and wife, presumptions concerning, 2256.
individual name, proof of partnership, 2561.
insurance, proof of insurable interest, 2308-2310.
interest in common not essential, 2551.

judgments as admissions by, 2549.

liability to third persons, proof of, 2555.
losses and profits, sharing of, 2552.
name as evidence, 2550, 2561.

nominal partners, liability of, 2568, 2569.

non-joinder of parties, 1588.

parol evidence to establish, 2546.
prima facie evidence of, 2554.

profit sharing as evidence, 2551.
burden of proof, 2554.

proof to establish, 2542-2560.

as to third persons, 2555.

reputation as proof, 2560.

suit against firm, proof of members, 2541.

PART PAYMENT,

accord and satisfaction is not, 1596.
evidence of satisfaction, sufficiency, 1599.
unliquidated claim satisfied when, 1596.

PARTY,

intent to defraud, testimony concerning, 2146, 2147.

PASSENGER,

definition of, 1894.

proof of status, 1897, 1898.

PATENT,

abandonment of, 1571.

PAWN,

bailment, effect of, 1798.

PAYMENT,

See PART PAYMENT.

account books as evidence, 2582.

admissions and declarations as proof, 2585.

application of payments, proof of, 2586.

application to account, 1603.

assumpsit, defense of, 1726.

authority to receive, proof of, 2576.

[References are to Sections.]

PAYMENT-Continued.

burden of proof, 2576.

execution of instrument, 2580.

check or note constitutes when, 2576.

collateral evidence concerning, 2583, 2584.

conditional, amounts to satisfaction when, 1596.
duress of goods, what constitutes, 2184.

evidence to prove, kinds of, 2576.

insurance premiums, 2295-2298.

law and fact, questions of, 2578.

limitations, account books to dispute running of, 2469.

effect on running of statute, 2266, 2467.

notes and checks as payment, 2580.

partnership books as evidence of, 2564.

parol evidence of, 1840.

pleading, evidence admissible under, 2576.

presumption of, when indulged, 2577.

receipt as evidence of, 2581.

stranger making, effect of, 1597.

tender, proof of, 2587.

time, place and manner, parol evidence of, 2579.

PEACEMAKER,

assault and battery, interference of, 1699.

PEACE OFFICER,

arrest without warrant, false imprisonment, 2110, 2111.

person assisting, liability for arrest, 2112.

warrant fair on its face, protection, 2121.

PECUNIARY CIRCUMSTANCES,

See FINANCIAL CIRCUMSTANCES.

alienating affections, proof of, 1652.

death, defendant's condition, 2018.
proof in action for, 2017.

exemplary damages, proof of, 1703, 1997.

personal injury, proof of, 1990.

PEDIGREE,

declarations as proof of, 2196.

PENALTY,

debt, action for, 2025.

distinguished from liquidated damages, 2000.

PERFORMANCE,

award of arbitrators, plaintiff must have performed, 1663.
insurance, waiver of proofs of loss, 2350.

warranty, burden of proof, 2302.

how pleaded, 2301.

sale, action on contract, 2628, 2629.

[References are to Sections.]

PERILS OF THE SEA,

illustrations of, 2431.

marine insurance, meaning of, 2430.

PERMANENT INJURY,

damages, evidence of, 1988.

PERSONAL INJURY,

aggravation of damages, 2004.

accident insurance, recovery for, 2402, 2403.

business capacity diminished, 1984.

damages, aggravating disease, 1989.

for permanent injury, 1988.

items of, 1987.

open and close, 1965.

proof of occupation, 1990.

earning capacity, impairment of, 1984.

special employment, 1985.

external signs of violence, proof sufficient, 2412.
mitigation of damages, 2005.

pain and suffering, how proved, 1992.

pleading special damages, 1980.

specific pleading, 1976.

PERSONAL PROPERTY,

abandonment, effect of, 1571.

PHYSICIAN,

exclamations of patient as to suffering, 1992.

life insurance, certificate of physician as evidence, 2389.
permanent injuries, testimony concerning, 1988.

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