AN

A

ABATEMENT,

See INFANT, 1.

ABSTRACT OF TITLE,
See AGREEMENT, 8.

ACTION, NOTICE OF,
See NOTICE OF ACTION.

ACTION ON THE CASE.

1. If a vessel is damaged by another run-
ning foul of it, and the jury find a ver-
dict for the plaintiff, the Court will
not send the case to a new trial because
there may be some ground to believe
that the plaintiff was negligent in na-
vigating his vessel, as well as the de-
fendant. Collinson and Others v. Lar-
kins.
2. If a broker, being authorised to sell
goods for a certain price, sells them at
an inferior price, the proper remedy
is by action on the case. Dufresne v.
Hutchinson.
117

ADMINISTRATION.

1

1. If an administrator shews that he sues
for a greater value than is covered by
the ad valorem stamp of his letters of
administration, he shews his adminis-
tration to be void, and cannot recover.
VOL. III.

specified dimensions and materials, and
deviates from the specification, he can-
not recover upon a quantum valebant,
for the work, labour, and materials.
Ellis v. Hamlen.
52
2. Whether an instrument shall be a lease,
or only an agreement for a lease, de-
pends on the intention of the parties,
as it is to be collected from the instru-
ment. Morgan, on the Demise of Dow-
ding, v. Bissell.
65
3. Strong circumstances of inconvenience
apparent on the instrument, if it should
be construed as a lease, indicate the
intention of the parties, that it should
be an agreement only.
ib.

4. Such as a stipulation that out of the
rent mentioned, a proportionate abate-
ment should be made in respect of
certain excepted premises; for until
that was apportioned, the lessor could
not distrain.

ib.
5. And a stipulation that the tenant shall
hold at and under all usual covenants
as between landlord and tenant where
the premises are situate; for it may be
disputable what are usual covenants.
ib.

6. An order for goods written and signed
by the seller in a book belonging to
the buyer, may be connected with a
letter of the seller to his agent, men-
tioning the name of the buyer, and
with a letter of the buyer to the seller,
claiming the performance of the order,
so as to constitute a complete contract
- within the statute of frauds. Allen v.
Bennet.
169

7. It is no objection to the validity of a
contract for the sale of goods signed
for the seller, that the seller cannot
enforce the same contract against the
buyer, because the buyer has never
signed it.
ib.
8. An agreement to grant a lease con-
tains no implied engagement for gene-
ral warranty of the land, nor for deli-
very of an abstract of the lessor's title.
Gwillim v. Stone.
433

ALIEN ENEMY.

1. Under a licence to British brokers
resident here, that a ship bearing any
flag may import from an enemy's coun-
try, to whomsoever the property may

appear to belong, three British subjects
not named in the licence, one of whom
resides in a hostile country, may im
port from another hostile country to
this. Fayle and Another v. Bourdillon.
546

2. And the agent who effected the policy,
may recover in trust for three British
partners, one of whom at the time of
the action resides in an alien enemy's
country.
ib.

3. A licence to H. S. a British merchant,
that a ship may go to an hostile port,
and bring home a cargo of goods, au-
thorizes the importation of such goods,
being the property of an alien enemy,
subject of that hostile country, and
therefore authorizes him to insure, and
enforce his contract of insurance in
our courts. Morgan v. Oswald.

AMENDMENT,

554

See BAIL, IV. 3. RECOVERY, 1, 2, 5, 6.

After nonsuit for a variance in an unde-
fended action on a replevin-bond, the
Court permitted the record to be amend
ed, and a new trial to be had. Halhead
v. Abrahams.
81

ANNUITY.

56

1. To entitle the grantee of an annuity
to recover back the price, as money
had and received, it is sufficient if the
grantor has communicated to the gran-
tee that there are defects in the memo.
rial, and has treated for a compromise
on the ground of the annuity being
void, although the grantee neither de-
mands payment of the arrears nor
tenders new securities, nor delivers up
the old ones, before he sues. Waters
v. Sir William Mansell, Bart.
2. And although the grantor has taken
no active measures to set aside the se-
curities.
ib.
3. If a correct memorial of an annuity
deed be incorrectly inrolled for a time,
and after some years the officer of the
inrolment office discover and rectify
the error before any proceedings had
to vacate the annuity, the Court finding
the inrolment right when they call for
it, will not enquire when the entry was

made.

made. Garrick v. Williams and Others.

540

4. But it is a high misprision in an offi-
cer to alter the inrolment without the
sanction of the Court of Chancery.
ib.

5. Whether it be sufficient for the gran-
tee of an annuity to carry a memorial
to the inrolment office and pay for it,
without insisting on himself seeing it
inrolled, and comparing the inrolment
with the original memorial, quære. ib.

ARBITRATION.

1. An arbitrator to whom the question
of the right of two rectors to the tithe
of certain lands was referred, had power
to devise all means to prevent future
litigation between the parties, and to
settle all matters in difference between
them, and to determine what he should
think fit to be done by either of the
parties, touching the matters in dis-
pute. Held, that he did not exceed his
power, by awarding undivided moie-
ties of the tithes to the two rectors.
Prosser, Clerk, v. Goringe.
426
2. If arbitrators award an excessive sum
to be paid to themselves, the Court
will refer it to the prothonotary to re-
duce it. Miller v. Robe and Another.
461

3. It is competent to arbitrators to en-
quire whether a ransom, for which the
plaintiff seeks to be repaid, were justi-
fied by an extreme necessity, within
the statute 45 G. 3. c. 72. s. 16.
ib.

1. If an action be commenced, and the
defendant become bankrupt and ob-
tain his certificate, and afterwards per-
mit judgment to be signed for want of
a plea, after which the plaintiffs pro-
ceed against the bail, the Court will
not relieve the bail on motion. Clarke
v. Hoppe and Another, bail of Wilson.

46
2. And semble that they could in no mode
take advantage of the bankruptcy and
certificate.

E e 2

ib.

3. If

fessed judgment to one of his assignees,
who was the petitioning creditor, for a
sum of money, in discharge of his debt,
and the costs of the action, in consider-
ation of the petitioning creditor's con-
senting not to oppose the bankrupt's
petition for a supersedeas. The Court
set aside the judgment on the bank.
rupt's application, on 5 G. 2. c. 50.
s. 24. Thomas v. Rhodes.
478
2. The statute 5 G. 2. c. 30. s. 24., was
made for the protection of bankrupts as
well as of creditors.

111.

ib.

BARON AND FEME,

And see DEED, 1. ATTORNEY, 2.
No ill treatment by the husband of the
wife, short of personal violence, or such
as to induce a reasonable fear of it, will
enable a stranger to maintain assumpsit
against her husband for necessaries
furnished to her subsequently to her
leaving his house. Horwood v. Heffer.
421

BILL OF EXCHANGE.

1. The defendant being unable to pay a
bill when due, which he had accepted,
obtained time, and indorsed to the
plaintiff, as a security, a bill drawn by
himself to his own order, which, when
due, was dishonored by the drawee, but
the holder omitted to give the defend-
ant notice: held that by this laches the
defendant was not only discharged
as indorser of the one bill, but also as
acceptor of the other. Bridges v. Ber-

ry.

130
2. A

A bill of exchange, part of the consi-
deration for which is spirituous liquors
sold in less quantities than of 20s. va-
lue, is totally void, though part of the
consideration was money lent. Scott
v. Gillmore.
226

3. If a bill be accepted, payable at a
banker's, it must be presented there for
payment, and the neglect so to present
it is equally a discharge to the acceptor,
as to the drawer. Callaghan v. Aylett.
397

4. An averment that a bill accepted pay-
able at a banker's, was, when due, pre-
sented to the banker's for payment, ac-
cording to the tenor and effect of the
bill, and of the acceptor's acceptance
thereof, and that as well the bankers as
the acceptor refused payment, shall be
supported after judgment on a sham
plea. Hussam and Another v. Ellis.

303

1. A bill of lading, signed by a master of
a vessel, since deceased, for goods to be
delivered to a consignee or his assigns,
he paying freight, is admissible as evi-
dence of the consignee having an insu-
rable interest in the goods. Per Law-
rence, J. Haddow v. Parry.
2. But if the master guards his acknow-
ledgment by saying, " contents un-
known," so that he does not charge
himself with the receipt of any goods in
particular, the bill of lading alone is not
evidence, either of the quantity of the
goods, or of property in the consignee.
ib.

3. A bill of lading may operate as a con-
tract between the master and con-
signee for payment of demurrage as
well as of freight. Leer v. Yates. 387

BROKER.

1. A broker purchases goods on commis-
sion at a month's credit, and pays du-

ties on them, and sends them to the
purchaser's place of abode, consigned
to his own order: the seller being fear-
ful of the purchaser's credit, procures
the broker to delay the arrival of the
goods till the month's credit is expired,
and to tender them to the buyer on
payment of the price, whereupon they
are refused. Held that the broker can
neither recover the price, duties, or
commission, in an action for money
paid. Hurst v. Holding.

32
2. If a broker being authorized to sell
goods for a certain price, sells them at
an inferior price, he is not liable in tro-
ver for amount of the goods. Dufresne
V. Hutchinson.
117

3. The proper remedy is by an action
upon the case.
ib.
4. A broker charters ships, at a commis-
sion of 21 per cent. on their outward
freight, and the like on their homeward
freight, if the charter-party makes it
contingent what the amount of freight
shall be, the broker cannot sue for any
sum till the contingency is determined.
Winter v. Mair.
531

C

CARRIER.

1. If a carrier gives notice that he will
not be accountable for goods above the
value of 201. unless entered and an in-
surance paid, over and above the price
charged for carriage, according to their
value, a person who enters silk exceed-
ing the value of 201., and does not pay
the insurance, cannot recover any part
of the value of the goods, if lost. Har-
ris v. Packwood and Another.
2. Although the price he agrees to pay
for the carriage of the silk, is, on ac-
count of its superior value, higher than
the ordinary price charged for the
carriage even of bulky articles. ib.
3. And although the carrier does not
prove that the loss happened by any of
those accidents against which the law
makes him an insurer.

264

ib.

4. The carrier is not bound to prove that
he used reasonable care.
ib.

5. Semb. A carrier is entitled to make a
higher