PARK, [References are to Sections.] municipal corporation, devise for, 2235. PAROL EVIDENCE, acceptance of bill or draft, 1839. accord and satisfaction proved when, 1598. written authority not proved by, 1630. agreement concerning boundary line shown by, 1857. 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. circumstances attending execution of, instruction, 1831. 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. 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. [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. 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. 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. 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. dormant partner, liability of, 2570, 2571. [References are to Sections.] PARTNERSHIP-Continued. holding out as evidence, elements, 2557, 2558 husband and wife, presumptions concerning, 2256. judgments as admissions by, 2549. liability to third persons, proof of, 2555. nominal partners, liability of, 2568, 2569. non-joinder of parties, 1588. parol evidence to establish, 2546. profit sharing as evidence, 2551. 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. 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. 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. 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. 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. 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. |