24. A. by the interest and on the application of B. to the lords of the treasury, is appointed customer of a port, having previously entered into an agreement, declaring that his name was used in the application in trust for B. that he would appoint such deputies as B. should nominate, and would empower B. to receive the profits of his office to his own use. On the failure of A. to comply with the agreement, no action upon it will lie against him. Garforth v. Fearon. 1 H. Black.

327.

25. A sale (by the owner) of the command of a ship, employed in the East India Company's service, without the knowledge and against the bye-laws of the company is illegal; and the contract of sale cannot be the foundation of an action. Blachford & al. (executors) v. Preston. 8 Term Rep. 89. (See stat. 39 G. 3, c. 89.)

26. A party cannot recover upon a written contract made in Jamaica which by the laws of that island was void for want of a stamp. Alres v. Hodgson. 7 Term Rep. 241. 27. A covenant by a friend of a bank

rupt to pay all his creditors their full debts, in consideration that they will not proceed any further upon the commission, is good in law. Kaye v. Bolton. 6 Term Rep. 134. 28. An insolvent assigned over his ef feets for the benefit of his creditors; and in the deed there was a proviso that the shares of those credit

29.

ors who did not execute it before a given day should be paid by the trustee to the insolvent; an agreement made between the insolvent and a creditor even after that day, that the latter should sign the deed and the former pay the remainder of the whole debt, is fraudulent and void. Jackson v. Lonias. 4 Term Rep. 166.

By a deed of composition between a trader and his creditors it was agreed that the trader should give them his bills, accepted by a friend, for 10s. in the pound, payable in certain proportions at fixed periods, and his own promisory notes for 5s. more, and that the creditors should be at liberty to take his own notes only for their full demands if they pleased; one of the creditors who signed the deed took the bills from the debtor accepted by his friend for the whole 15s. in the pound, payable at the same respective times as the bills agreed to be given by the deed of composition: the payment of these bills was resisted upon the ground that it was a security beyond that agreed for, and greater than the other creditors obtained but the transaction was adjudged fair, the creditor not receiving by it more than the others. Feise v. Randall. 6 Term Rep. 146. 30. A trust-deed is proposed to the creditors at large of an insolvent, whereby they all engage to accept payment of their whole debts by certain instalments, the four first of which are to be guaranteed by collateral security, the two last to remain upon the single security of the insolvent: several of the creditors refused to sign unless the plaintiffs do; and the plaintiffs stipulate privately with the insolvent as the condition of their signature that he shall procure them collateral security for the two last instalments as well as the prior ones; conceiving that they had collateral security originally to cover their debt; and upon the faith of such private a

stituted an attachment to attach the goods in the hands of a packer, as the property of the vendee, it was considered as an election by the vendor not to rescind the contract; and the vendee having since become a bankrupt, it was held that the vendor could not recover the goods from the packer in trover. 5 Term Rep. 402.

5. The insolvency of the plaintiff after the making of a contract with the defendant for the delivery of goods to the former is a good de

fence for the latter in an action for the non-delivery pursuant to the agreement. Reader v. Knatchbull, Sittings at Westminster after M. 1786, cor. Buller, J. 5 Term Rep. 218, R.

6. A. agreed to underlet his house to B. the latter paying for the furniture at an appraisement; held that B. was excused from performance of the agreement, because A. at the time he quitted the house, was in arrear for rent to his landlord. Partridge v. Sowerby. 3 Bos. f

Pull. 172.

7. The defendants contracted to carry the plaintiff's goods from Liverpool to Leghorn; on the vessel's arriving at Falmouth in the course ofher voyage, an embargo was laid on her "until the further order of council;" held that such embargo only suspended, but did not dissolve, the contract between the parties and that even after two years, when the embargo was taken off, the defendants were answerable to the plaintiff in damages for the non-performance of their contract. Hadley v. Clarke & al. 8 Term Rep. 259. 8. If A. contract with B. to fetch a earge of corn from C. and on his arrival there find that the government has prohibited the exportation of corn, and therefore, after staying out his demurrage days return in ballast, B. is notwithstanding liable to pay freight; but not demurrage, if . knew of the prohibition before he catered the

port of C., though demurrage were allowed by the contract. Blight v. Page. Sittings after Mich. Term. 1801. Cor. Lord Kenyon. 3 Bos. & Pull. 295, n.

9. If a British merchant charter a Swedish ship on a voyage to St. Michael's for a cargo of fruit, and the charter party contain the usual exception against the restraint of princes, and the ship be prevented from reaching St. Michael's within the fruit season by an embargo laid on Swedish vessels by the British government, the Swedish owner cannot, by proceeding on the voyage after the embargo is taken off, entitle himself to recover the freight against the British merchant. Touteng v. Hubbard. 3 Bos. & Pull. 291.

1.

2.

ALBANY CORPORATION.

An action of assumpsit was brought against the Corporation of Albany, to recover the amount assessed by a jury, for ground to widen a street pursuant to the act; (24 sess. c. 153.) and the declaration set forth the proceedings of the mayor's court, and the judgment of the court confirming the assessment; the defendants pleaded nul tiel record, on which issue was joined; and after a trial by record, it was held that the issue was immaterial, and a repleader was awarded. Stafford v. Mayor, &c. of Albany. 6 Johns. Rep. 1.

After the assessment of damages by the jury, in such a case, and a judgment of confirmation thereon, the mayor's court cannot set aside the assessment and judgment, on the ground of a defect in the precept for summoning a jury. Ibid. 3. Where the Corporation of the city of Albany ordered a certain road within the bounds of the city to be shut up, and A., pursuant to such order, as their servant or agent, shut up the road; it was held, that the city of Albany was not

4. The son of an alien father and English mother, born out of the king's allegiance, cannot inherit to his mother in this country. Doe d. Count Duroure v. Jones. 4 Term Rep. 300.

5.

No action can be maintained either by or in favour of an alien enemy. Brandon v. Nesbitt. 6 Term Rep. 23.

6. Nor of an Englishman living in, and carrying on trade under the protection, and for the benefit of an hostile state. 3 Bos. & Pull. 113. . Therefore a plea of alienage to an action on a policy of insurance brought in the name of an English agent for his principal, an alien, such interest appearing on the record, is a good plea; and a replication to such a plea, that the alien is indebted to the agent (the plaintiff) in more money than the value of the property insured, cannot be supported. 6 Term Rep. 20.

8.

But as this is an odious plea, the defendant must state that the plaintiff was born in a foreign country at enmity with our king, and that he came here without letters of safe condnet from our king. Casseres v. Bell. 8. Term Rep. 166.