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In an action by the ship owner against an underwriter, to recover a general average contribution in respect of the salt jettisoned, on a case stated for the opinion of the court as to the principle by which the average-stater was to be guided in ascertaining the value of the jettisoned goods : held, that the salt jettisoned was to be valued at the price which it would have been worth at L., if brought back there, taking into account the probability of its arriving there in a sound or a damaged state, or in a state in which it could have been forwarded, so as to take advantage of the prepaid freight. — Fletcher v. Alexander, Law Rep. 3 C. P. 375.
GENERAL WORDS. — See STATUTE, REPEAL OF.
HEILOOM. A testator gave chattels to trustees, in trust for the persons who for the time being should, under the limitations of a settlement, be in actual possession of certain estates, to the end that the chattels might be deemed heirlooms, to go along with the said estates so far as the rules of law or equity would permit; but so, nevertheless, as that the chattels should not, for the purpose of transmission, vest absolutely in any person who, under the settlement, should become seised of the estates for an estate of inheritance, unless such person should attain twenty-one, or, dying under age, should leave issue inheritable under the settlement. The first tenant in tail, in possession under the settlement, died without issue, under twenty-one. Held, that the estate of the first tenant in tail was thereby terminated, but that there were no words which carried over the chattels in that event to any other tenant for life or in tail, and that therefore the chattels passed by a residuary clause in the will. — Harrington v. Harrington, Law Rep. 3 Ch. 564.
HIGHWAY. — See Way, 2.
HUSBAND AND WIFE. 1. A woman, living for sufficient cause apart from her husband, had living with her their child, against her husband's will; the court having given her the custody. She had no adequate means of support. Held (COCKBURN, C.J., dissentiente), that she had authority to pledge her husband's credit for the reasonable expenses of providing for the child. — Bazeley v. Forder, Law Rep. 3 Q. B. 559.
2. A man covenanted to pay a woman an annuity for her life, payable halfyearly, for her separate use, and free from anticipation. He afterwards married her, and died leaving her surviving. Held, that the annuity was not extinguished, but only suspended, by the marriage. — Fitzgerald v. Fitzgerald, Law Rep. 2 P. C. 83.
3. The defendant received money for the use of a married woman, and he wrote to her that he held the money at her disposal. The woman's husband survived her, and died, never having interfered as to the money. Held, that the wife's representative, and not the husband's, was the proper party to sue for the money. — Fleet v. Perrins, Law Rep. 3 Q. B. 536.
See DESERTION; DIVORCE ; MARRIAGE SETTLEMENT; POWER, 1, 3.
INCOME. — See APPORTIONMENT.
1. The owner of a vessel chartered to sail from A. to B. with cargo, and there discharge, thence to proceed to C., load cargo, and proceed to D., insured the chartered freight to be earned on the voyage from C. to D., but only against perils incurred on the voyage from A. to B. The vessel, on the voyage to B., received such injuries as would have justified abandonment or sale at B., but neither took place within a reasonable time, and the owner partially repaired the vessel at B., and sailed it to B., where it was destroyed. No notice of the abandonment of the freight was given in a reasonable time. Held, that there was neither an actual nor a constructive loss of the freight within the policy. – Potter v. Rankin, Law Rep. 3 C. P. 562.
2. Cotton of different owners was shipped in bales, specifically marked at M. for L. Forty-three bales belonged to the plaintiffs, and were insured by the defendants against the usual perils. The ship was wrecked near Key West ; some of the cotton was lost, and all was damaged, — some so much so that it had to be sold at Key West. The rest was brought in another vessel to L. The marks on many of the bales were so obliterated by sea-water that none of the cotton lost or sold at Key West, and a part only of that brought to L., could be identified. Two only of the plaintiffs' bales were identified, and these were delivered to them. Held, that, in respect to the cotton lost and that sold at Key West, there was a total loss of a part of each owner's cotton, and that all the owners became tenants in common of the cotton which arrived at L. and could not be identified; the share of each owner's loss in the cotton totally lost or sold, and his share in the remainder which arrived at L., being in the proportion that the quantity shipped by him bore to the whole quantity shipped; and therefore that there was neither an actual nor constructive total loss of the plaintiffs' fortyone bales. — Spence v. Union Marine Ins. Co., Law Rep. 3 C. P. 427.
See GENERAL AVERAGE; STOPPAGE IN TRANSITU.
1. An office copy of answers to interrogatories made in a former suit by a party to an action is admissible in evidence against him, without putting in the interrogatories, or proving the party's signature to the original answers. — Fleet v. Perrins, Law Rep. 3 Q. B. 536.
2. In an action, for malicious arrest, against a municipal corporation, the plaintiff was allowed (MARTIN, B., dubitante) to interrogate the town clerk whether he caused the plaintiff to be arrested. Semble, that any interrogatory may be put which is material, bona fide, and not scandalous, and any objection to answering is to be taken at the stage of answering, and under the oath of the interrogated party. — McFadzen v. Mayor, &c., of Liverpool, Law Rep. 3 Ex. 279.
JOINT AND SEPARATE DEBT. - See DISCHARGE.
LACHES. A continual claim, without any active steps in support of it, will not keep alive a right which would otherwise be barred by laches. — Lehmann v. Mc Arthur, Law Rep. 3 Ch. 496.
LANDLORD AND TENANT. 1. It is not necessary to the validity of a notice to quit, given by the general agent of a landlord to a tenant, that the agency should appear on the face of the notice. —Jones v. Phipps, Law Rep. 3 Q. B. 567.
2. M. being yearly tenant to the plaintiff, under a written agreement, the defendant, in consideration of the plaintiff's continuing M. as such tenant, gave to the plaintiff a guaranty for “the rent of the L. farm, in the occupation of M." The plaintiff afterwards gave M. notice to quit, but withdrew it before the expiration of the current year. Next year the rent was in arrear, and the plaintiff brought suit on the guaranty. Held, that the old tenancy was determined by the notice to quit; that the guaranty applied only to the tenancy in existence when it was given; and that the defendant was not liable. — Tayleur v. Wildin, Law Rep. 3 Ex. 303.
3. By a lease of a house and grounds, the landlord undertook to keep the premises in repair, and to pay all taxes and charges payable in respect to the premises. In the grounds was a piece of ornamental water, in which, during the tenancy, an accumulation of mud caused a nuisance to the tenant and to the public. The tenant being summoned under the Nuisances Removal Act, 1855, employed a contractor to clear the water to the satisfaction of the inspector of nuisances. Afterwards, an order was made on him to abate the nuisance. The whole of the mud was cleared out, under the contract, part before and part after the date of the order. Held (1), that the landlord was not, under his agreement to repair, bound to cleanse the water; (2) that no charge on the premises, in respect to any part of the work done, had been created by the proceedings under the Nuisances Removal Act. — Bird v. Elwes, Law Rep. 3 Ex. 225.
4. In a lease, the lessee covenanted not to assign without license, and the lessor covenanted not to withhold his license unreasonably or vexatiously. The lessee contracted to assign his lease to the plaintiff,“ subject to the landlord's approval." The lessor refused to give his license, not from any objection to the proposed assignee, but because he wished to buy up the lease for the purpose of rebuilding. The lessee, having failed to obtain the license, surrendered the lease to the lessor for the same price for which he had agreed with the plaintiff. In a bill by the plaintiff against lessor and lessee for specific performance of the contract to assign: held, that the lessee was not bound to take legal proceedings to oblige the lessor to give his license, and that, having used all reasonable efforts to induce the lessor to consent, he was at liberty to consider the contract at an end, and to make his own terms with the lessor. Whether the lessor's refusal was unreasonable or vexatious, quære. — Lehmann v. McArthur, Law Rep. 3 Ch. 496. See FRAUDS, STATUTE OF, 1.
LEASE. — See LANDLORD AND TENANT. LEGACY. — See DEVISE ; HEIRLOOM; LEGACY DUTY; NexT OF KIN; POWER,
2; REVOCATION OF WILL; Trust; VESTED INTEREST.
LEGACY DUTY. A testator gave several legacies, and directed that “all the legacies and bequests” by his will given should be paid, free of duty, and he devised his residuary real estate to A. for life, and afterwards, on trust, for sale. Held, that the proceeds of the real estate were not included in the words, “ legacies and bequests,” and that therefore the legacy duty payable on such proceeds was not payable out of the personal estate. — White v. Lake, Law Rep. 6 Eq. 188.
LICENSE. — See LANDLORD AND TENANT, 4.
MARRIAGE. — See Divorce, 2.
MARRIAGE SETTLEMENT. A marriage settlement contained a covenant to settle on the trusts of the settlement all the estate which the wife was, at the date of the settlement, or should during the coverture become, seised or possessed of, or entitled to at law or in equity. At the time of the deed, and during the whole time of the coverture, the wife was entitled to an estate tail in remainder after other estates tail. Held, that it was not within the covenant. — Dering v. Kynaston, Law Rep. 6 Eq. 210. See POWER, 2.
MASTER AND SERVANT. The defendant was engaged in constructing a sewer, and employed men, with horses and carts. The men were allowed an hour for dinner, but were directed not to go home or to leave their horses. One of the men, however, went home, about a quarter of a mile out of the direct line of his work, to dinner, and left his horse unattended in the street before his door. The horse ran away, and injured the plaintiff's fence. Held, that the jury were justified in finding that the man was acting within the scope of his employment. — Whatman v. Pearson, Law Rep. 3 C. P. 422.
MISREPRESENTATION. It is not sufficient, in a bill praying to be relieved from a contract for shares in a company on the ground of its being induced by misrepresentation in a prospectus, to allege generally that the prospectus contained false statements, by which the plaintiff was deceived and drawn into the contract; but the precise misrepresentation must be distinctly stated, and also that it formed a material inducement to the plaintiff to take shares. — Hallows v. Fernie, Law Rep. 3 Ch.
MORTGAGE. — See FIXTURES; FOREIGN COURT; FREIGHT, 1; PRIORITY, 2–5;
SHIP, 2. NECESSARIES. — See HUSBAND AND WIFE, 1. NEGLIGENCE. — See ACTION; MASTER AND SERVANT ; Railway, 1; SAIP, 1.
NEXT OF Kun. A testator gave a legacy to A. for life, and, in default of issue, to “her next of kin in blood, as if she had died unmarried.” A. died without issue. Held,