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on

him to proenre

himself to be ors who did not execute it before a superannuated, and

retire

given day should be paid by the the usual pension, agrees (with

trustee to the insolvent; an agreeout the knowledge of the navy ment made between the insolvent board, to whom the appointment be- and a creditor even after that day, longs) in case B. should succeed that the latter should sign the deed him in the office, to allow him a and the former pay the remainder certain annual share of the profits ; of the whole debt, is fraudulent and 4. retires, B. is appointed to suc- void. Jackson v. Lonias. 4 Term ceed him, but does not perform the Rep. 166. agreement. A. can maintain no ac- 29. By a deed of composition between tion against B. on the agreement.

a trader and his creditors it was aParsons v. Thompson. 1 H. Black. greed that the trader should give 322.

them his bills, accepted by a friend, 21. A. by the interest and on the ap- for 10s. in the pound, payable in

plication of B. to the lords of the certain proportions at fixed periods, treasury, is appointed customer of and his own promisory notes for 5s. port, having previously entered into more, and that the creditors should an agreement, declaring that his be at liberty to take his own notes name was used in the application only for their full demands if they in trust for B. that he would ap- pleased; one of the creditors who point such deputies as B. should signed the deed took the bills from uominate, and would empower B. the debtor accepted by his friend to receive the profits of his office to for the whole 15s. in the pound, his own use. On the failure of A. payable at the same respective times to comply with the agreement, no as the bills agreed to be given by action upon it will lie against him. the deed of composition: the payGarforth v. Fearon. 1 H. Black. ment of these bills was resisted up327.

on the ground that it was a securi25. A sale (by the owner) of the com- ty beyond that agreed for, and

mand of a ship, employed in the greater than the other creditors obEast India Company's service,

tained : but the transaction was adwithout the knowledge and against judged fair, the creditor not receive the bye-laws of the company is il- ing by it more than the others. legal; and the contract of sale Feise v. Randall. 6 Term Rep. 146. cannot be the foundation of an ac- 30. A trust-deed is proposed to the tion. Blachford & al. (executors)

creditors at large of an insolvent, v. Preston. 8 Term Rep. 89. (See whereby they all engage to accept stat. 39 G. 3, c. 89.)

payment of their whole debts by cer26. A party camot recover upon a tain instalments, the four first of

written contract made in Jamaica which are to be guaranteed by colwhich by the laws of that island lateral security, the two last to rewas void for want of a stamp. N- main upon the single security of the res v. Hodgson. 7 Term Rep. 241. insolvent : several of the creditors

A covenant by a friend of a bank- refused to sign unless the plaintiffs rupt to pay all his creditors their do ; and the plaintiffs stipulate prifull debts, in consideration that they vately with the insolvent as the will not proceed any further upon condition of their signature that he the commission, is good in law. shall procure them collateral secu

Kaye v. Bolton. 6 Terin Rep. 134. rity for the two last instalments as 28. An insolvent assigned over his ef- well as the prior ones; conceiving

feets for the benefit of his creditors; that they had collateral security oand in the deed there was a provi- riginally to cover their debt ; and so that the shares of those credit- upon the faith of such private a

V.

3

cuse.

greement they sign the general trust- and B. were desirous to purchase, deed, which is then signed by the it was agreed between them that rest of the creditors : held that such they would not bid against each private agreement is a fraud upon other, but that 1. should buy the The other creditors, and void ; al- articles, and afterwards divide the though the effect of it were not to same equally with B. A. made the secure to the plaintiffs the payment purchaso, but refused to deliver to of more money than the other cred- B. the one half of the goods. In itors were to receive, but only fur- an action brought by B. against A. ther security for the same sum. to recover one half of the profits an Leicester & al. v. Rose. 4 East, rising from the purchase, it was 372.

held, that the agreement was withN. In this case, the preceding case of out consideration and void, and aFeise Randall was said to have

gainst public policy. Doolin v. been decided without particular Ward. 6 Johns. Rep. 194. consideration, and on the ground 35. A gross misrepresentation of facts that no fraud was intended against on the subject of a contract, the conthe other creditors.

tract is void. 4 Dallas, 250. 31. If in consequence of a debtor rep- 36. The courts of the United States

resenting to one of his creditors, will not enforce an agreement enthat if he will agree to accept a

tered into in fraud of a law of the composition for his debt, all the United States. Hannay v. Eve. other creditors will do the same, Cranch, 242. such creditor do agree, &c. the agreement is not binding on him if III. Non-performance ; what shall exthat representation be untrue. Cool

ing v. Noyes. 6 Term Rep. 263. 32. Whether an agreement by credit- 1. Tendering of conveyances is not

ors to take a coinposition in dis- part performance of an agreement; charge of their debts be not binding, it must be something in actual erethough no fund be appropriated for cution of the contract, not towards the payment of the composition ? the execution : Thus, in a letter, I Qu. 6 Term Rep. 263.

will give 16,500l. Answer, I will 33. Where an agreement, under seal, not take less than 17,000l. Answer

was made between A. and B. (as at- returned, I will give 17,000). This torneys for C.) and D. for the con- is not an agreement executed in veyance of land to D.

pay- writing within the statute of frauds. ment of a еertain sum of money by Popham v. Eyre. In Chancery. D. and A. and B. brought an action Lofft, 786. of covenant, in their own names 2. A tenant who has agreed in writagainst D. for a breach of the cove- ing to hold premises at a certain nant, it was held, that an agree- rent, may allege that the party with ment, purporting to be made by a whom he made the agreement nevperson, as attorney for another, is er had any interest in the premises, void, so that no action can be main- if such party was never in possestained on it ; and that if the agree- sion : otherwise he cannot. Chetment was to be considered as made tle v. Pound. 1 L. Raym. 746. with C. the principal, the action 3. A contract of sale may be rescindshould be in his name, so that, in ed by the consent of the vendor and any way, A. and B. could not re- vendee before the rights of other Bogart and another v.

De
persons are concerned.

Smith v. Bussy. 6 Johns. Rep. 94.

Field. 5 Teru Rep. 102. 34. Certain articles being advertised 4. But where the vendee wished to

for sale at public auction, which 4. return the goods, and the vendor in

on the

cover.

stituted an attachment to attach the port of C., though demurrage were goods in the hands of a packer, as allowed by the contract. Blight v. the property of the vendee, it was Page. Sittings after Mich. Term. considered as an election by the 1801. Cor. Lord Kenyon. 3 Bos. vendor not to rescind the contract; & Pull. 295, n. and the vendee having since be- 9. If a British merchant charter a come a bankrupt, it was held that Swedish ship on a voyage to St. Mithe vendor could not recover the chael's for a cargo of fruit, and the goods from the paeker in trover. charter party contain the usual ex5 Term Rep. 402.

ception against the restraint of 5. The insolvency of the plaintiff af- princes, and the ship be prevented

ter the making of a contract with from reaching St. Michael's within the defendant for the delivery of the fruit season by an embargo laid goods to the former is a good de- on Swedish vessels by the British fence for the latter in an action for government, the Swedish owner the non-delivery pursuant to the cannot, by proceeding on the voyage agreement. Reader v. Knatchbull, after the embargo is taken oft, enSittings at Westminster after M. title himself to recover the freight 1786, cor. Buller, J. 5 Term Rep. against the British merchant. Tou218, n.

teng v. Hubbard. 3 Bos. Pull. 291. 6. A. agreed to underlet his house to

B. the latter paying for the furniture at an appraisement; held that ALBANY CORPORATION. B. was excused from performance of the agreement, because A. at the 1. An action of assumpsit was brought time he quitted the house, was in against the Corporation of Albany, arrear for rent to his landlord. to recover the amount assessed by Partridge v. Sowerby. 3 Bos. of a jury, for ground to widen a street Pull. 17 2.

pursuant to the act; (24 sess. c. 7. The defendants contracted to car- 153.) and the declaration set fortlı

ry the plaintiff's goods from Liver- the proceedings of the mayor's pool to Leghorn ; on the vessel's ar- court, and the judgment of the court riving at Falmouth in the course of her confirming the assessment ; the devoyage, an embargo was laid on her fendants pleaded nul tiel record, on until the further order of council ;" which issue was joined ; and after held that such embargo only sus- a trial by record, it was held that pended, but did not dissolve, the the issue was immaterial, and a recontract between the parties : and pleader was awarded. Stafford v. that even after two years, when the Mayor, fc. of Albany. 6 Johns. embargo was taken off, the defend- Rep. 1. ants were answerable to the plain- 2. After the assessment of damages tiff in damages for the non-perform- by the jury, in such a case, and a ance of their contract. Hadley v. judginent of confirmation thereon,

Clarke & al. 8 Term Rep. 239. the mayor's court cannot set aside 8. If A. contraet with B. to fetch a the assessment and judgment, on

cargo of corn from C. and on the ground of a defeet in the precept his arrival there find that the for summoning a jury. Ibid. government has prohibited the ex- 3. Where the Corporation of the portation of com, and therefore, city of Albany ordered a certain after staying out his demurrage road within the bounds of the city days return in ballast, B. is notwith- to be shut up, and n., pursuant to standing liable to pay freight; but such order, as their servant or an not demurrage, it 9. knew of the gent, shut up the road ; ii was prohibition before he catered the held, that the city of Albany was noi within the act to regulate highways; protection, may sue, though he (24 sess. C. 86) and that the cor- came in time of war, without a safe poration, by the charter, being in- conduct. Wells v. Williains. 1 L. Pested with the power of commis- Raymond, 282. 1 Salk. 46. sioners of highways, and A. having 2. Plea that plaintiff is an alien, acted as their servant, he was not must shew that he is an alien eneliable to the prenalty given by the

iny. Openheimer v. Lery. 2 Str. act relative to highways, for ob- 1082. structing the road. Bisbee v. Mans- 3. It has been held to be no defence field. 6 Johns. Rep. 86.

in an action on a ransom bill, (at

least on the plea of non assumpsit,) ALEHOUSES.

that the plaintiff is an alien enemy.

Cornu v. Blackburne. 2 Douglas, 1. Alehouse-keepers to forfeit 10s. 641.

to the poor, if they permit any in- But that point was afterwards deterhabitant to sit tippling above an mined otherwise. Fisher v. Anthon. hour; two justices of the quorum 2 Douglas, 650. may suppress thein. Steplens v. An alien enemy cannot, by the munici

Vutson. 1 Salk, 43. 3 Salk. 26. pal law of this country, sue for the 2. The sessions, or two justices, recovery of a right claimed to be ac

have, under 5 and 6 Ed. 3, c. 25, s. quired by him in actual war. Ibid. 1. a discretionary power of suppres

650. sing alehouses within their juris- 4. The son of an alien father and diction and libitum.

The Queen v.

English mother, born out of the Harris. 2 L. Raymond, 1303. king's allegiance, cannot inherit to

his mother in this country. Doe d. ALEXANDRIA.

Count Duroure v. Jones. 4 Term

Rep. 300. 1. The corporate town of Alexandria 5. No action can be maintained ei

has power to tax the lots and lands ther by or in favour of an alien eneof non-residents. Alexander v. The my.

Brandon Nesbitt. 6 Term Mayor, fc. of Alexandria. 5 Rep. 23. Cranch, 1.

6. Kor of an Englishman living in, 2. It is not necessary that the lots and carrying on trade under the

should be half-acre lots. Ibid. protection, and for the benefit of an 3. Those taxes camot be recovered hostile state. 3 Bos. 8. Pull. 113.

by motion, if the owner has person-7. Therefore a plea ofalienage to an al property in the town which may action on

a policy of insurance be distrained. Ibid.

brought in the name of an English 4. The separation of Alexandria agent for his principal, an alien,

from Virginia did not affect exist- such interest appearing on the reing contracts between individuals. cord, is a good plea; and a replicaKorn v. The Fire Ins. Co. 6 Cranch, tion to such a plea, that the alien is 192.

indebted to the agent (the plaintiff) 5. The insurance upon buildings in in more money than the value of

Alexandria did not cease by the the property insured, cannot be supseparation, although the company ported. 6 Term Rep. 20. 'could only insure houses in Virgin- 8. But as this is an odious plea, the ia. Ibid.

defendant must state that the plain

tiff was born in a foreign country at ALIEN.

enmity with our king, and that he

came here without letters of safe 1. An alien enemy commorant here condnct from our king.

Casseres by the king's licence, and under his v. Bell. 8. Terin Rep. 166.

V.

er.

9. A native of a foreign state in am- shipped before the expiration of the ity with this country,

taken in an act time, the ship not sailing till afterof hostility on board an enemy's wards. 1 East, 475. fleet, and brought to England as a 14. Under $ 7 of stat. 34 G. 3, c. 9. prisoner at war, is not disabled prohibiting his majesty's suljeets from suing while in confinement, on from paying money to any persons a contraet entered into as a prisoner residing under the government of at war. Sparenburgh v. Bannatyne. France, the court of C. P. refused 1 Bos. f. Pull. 163.

to discharge a defendant on a com10. The insurance of an alien enemy's mon appearance, on the ground of property is illegal, and no action the plaintiff's residence in Holland, can be sustained upon it. Bristow which was suggested to be under v. Towers. 6 Term Rep. 35.

the dominion of France, Pieters 11. The court of C. P. held that goods of al. v, Luytjes. 1 Dos. f. Pull.

purchased in Holland during hostil- 1. ities between that country and Great 15. If the defendant, an alien, be sent Britain by a British agent resident out of the kingdom under the alien there, and shipped for British sub- act 33 G. 3. c. 4, the court will perjects, might be lawfully insured in mit the bail to enter an exhonerethis coumtry. Bell & al. v. Gilson. tur on the bail piece, unless they 1 Bos. f. Pull. 315.

are indemnified, or have money in But the court of K. B. (after hearing their hands belonging to the defenda second argument by Civilians) de

ant sufficient to answer the plaintermined that all trading with an

tiffa's demand. Merrick v. Vauch. enemy without the king's licence is 6 Term Rep. 50. Coles v. De illegal: and also that it is illegal Hayne. 6 Term Rep. 52. for a subject, in time of war, with. 16. Bail of an alien who was sent out out the king's licence, to bring over of the kingdom applied to be disin a neutral ship goods from an en- charged on payment of 10001. deemy's port, which were purchased posited with them ; which sum the by an agent of such subjeet resident plaintiff' had recovered by verdict ; in the enemy's country, after the but the court held them liable for commencement of hostilities, al- the costs also. Coles v. De Hayne. though it may not appear that they 6 Term Rep. 245. were purchased of an enemy. Potis 17. If such alien defendant be sent out

v. Bell & al. 8 Term Rep. 518. of the kingdom after he has given 12. It is legal to trade with the sub- a bail bond and before the return of jects of an enemy's country by the

the writ, the court will order the king's licence. But if it be provid- bail-hond to be caneelled. Postel v. ed in such licence, that the party Williams. Term Rep. 517. acting under it shall give bond for 18. Where the defendant had been the due exportation to the places held to bail on an instrument entered proposed of the goods intended to into in France, by which lis projhe exported to such country, and erty only and not his person was, they are exported without such bond according to the law of that counbeing given, such exportation is ille- try, made liable, the court of C. P. gal, and the owners cannot rocover

(lissent. Heath, J.) on motion, oron a policy to protect the goods.

dered the bail bond to be cancelled Vandyck . Whitmore. 1 East, on defendant's entering a common 475.

appearance.

Melan v. Fit:james 13. If a licence to export and de- (Duke). 1 Bos. .f: Pull. 138.

liver goods to an eneiny's coun- N. In the case of Imlay v. Ellefsen, 2 try be granted for a limited time, it East, 455, tit. AFFAIT V, Lord is not sufficient that the goods were Ellenborough signified his dissent

from this determination,

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