« PreviousContinue »
See AGENT, 1; BILLS AND NOTES, 1; Check, 2; CONSTITUTIONAL Law, STATE, 5; CONTRACT, 1; ILLEGAL CONTRACT, 1, 2; INCUMBRANCE; Lord's Day, 1, 2; MASTER AND •SERVANT; TENANT IN COMMON, 2; WAY, 2.
ADMINISTRATOR. — See EXECUTOR AND ADMINISTRATOR.
ADVANCEMENT. A promise by a father to give up to his son notes executed by the latter to the former is without consideration, and cannot be enforced as an advancement. Denman v. McMahin, 37 Ind. 241.
ADVERSE POSSESSION.-See DOWER.
AFFIDAVIT. — See JURY, 2.
AGENT. 1. A foreign corporation may sue its agent for money had and received to its use in the course of business, although such business was unlawful by reason of the company's non-compliance with the statutes regulating such corporations. — United States Express Co. v. Lucas, 36 Ind. 361.
2. Plaintiffs sent by defendant, a common carrier, goods marked C. O. D., to a person to whom plaintiffs' travelling agent had sold them on credit, though he had authority only to sell for cash. The agent ordered defendant to deliver them without collecting the price, which he did. The jury were instructed that defendant was not liable, unless they should find that the marking of the goods was sufficient to put him on inquiry as to the extent of the agent's authority. Verdict for defendant, which the court refused to set aside. — Daylight Burner Co. v. Odlin, 51 N. H. 56.
3. An authority to sell property is not an authority to transfer it in payment of the owner's debts. - Butts v. Newton, 29 Wis. 632.
4. The forcible seizure by a public enemy of public moneys in the hands of a government agent discharges him from liability to account for such moneys. — United States v. Thomas, 15 Wall. 337.
See DEED, 1; FRAUDS, STATUTE OF, 1; HUSBAND AND WIFE, 3; InSURANCE (FIRE), 1, 5; INSURANCE (LIFE), 1; MASTER AND SERVANT.
AGREEMENT. — See APPEAL, 3; CONTRACT.
AIDER BY VERDICT. Ejectment to recover “ six — of lot No. five.” Held, that the declaration was bad, and not cured by a verdict finding that plaintiff was entitled to recover "Six acres of lot No. five.” — Unversaw v. Myers, 37 Ind. 487.
AMENDMENT. — See BANKRUPTCY, 3; SEAL.
ANIMAL. One on whose close hens are trespassing has no right to kill them, though in consequence of former like trespasses he has asked their owner to shut them up, and threatened to kill them if he should not do so. — Clark v. Keliher, 107 Mass. 406.
APPEAL. 1. Plaintiff having obtained a verdict for $500, remitted $5, parcel thereof, and took judgment for $495; the right of appeal existing only when the judgment was for $500 or more. Held, that this release was unlawful and void, and that defendant might appeal. — Hansbrough v. Stinnett, 22 Gratt. 593.
2. An appeal lies from a void judgment. — Shoemaker v. Grant County, 36 Ind. 175.
3. An agreement of parties to an action that the decision of an inferior court should be final, held, void, and appeal from such decision allowed. — Falkner v. Hunt, 68 N. C. 475. See CONTEMPT, 1.
APPLICATION OF PAYMENTS. Payments made on a debt and applied at the time of payment to the interest due, by consent of both parties, cannot afterwards be recovered back or applied to the satisfaction of the principal, on the ground that the interest reserved was usurious. — Johnson v. Phillips, 24 La. Ann. 156.
ASSIGNEE. — See BANKRUPTCY, 2.
AUCTION. - See FRAUDS, STATUTE OF, 3.
AUTREFOIS ACQUIT. Defendant was tried on an indictment of one count, sufficient to support a verdict of guilty of any degree of homicide. He was found “not guilty of murder, but guilty of manslaughter.” On a new trial on the same indictment, held, that he could not be convicted of murder. — State v. Martin, 30 Wis. 216.
Bail. — See CONSTITUTIONAL LAW, State, 1.
BAILMENT. — See CARRIER; LIEN; LORD's Day, 1.
BANKRUPTCY. 1. A franchise to make a turnpike, and collect tolls thereon, does not pass by an assignment in bankruptcy. - People v. Duncan, 41 Cal. 507.
2. B. and S. were partners, doing business in New York and in Virginia. On May 30, B. was adjudged bankrupt in Virginia, on his own petition filed the same day, and C. was appointed his assignee. On July 21, the firm was adjudged bankrupt in New York, on petition of S. filed May 29, and D. was appointed assignee of the firm. Held, that D. was alone entitled to prosecute suits begun by the firm before bankruptcy, in the state courts of Virginia. — Cannon v. Welford, 22 Gratt. 195.
3. When one who had recovered a judgment became bankrupt, and the court afterwards amended the judgment to a larger sum, held, that the assignee was entitled to the amount of the judgment as increased. — Zantzinger v. Ribble, 36 Md. 32. . 4. The Bankrupt Act requires assignments to be made by the judge or register, " by instrument under his hand.” Held, that the signature of the judge or register is not necessary to an assignment. Ib.
5. The Bankrupt Act did not take effect, so as to suspend state insolvent laws, until June 1, 1867.- Chamberlain v. Perkins, 51 N. H. 336. See STOPPAGE IN TRANSITU.
BILL OF LADING. — See ACCEPTANCE.
BILLS AND NOTES. 1. The drawer of a bill of exchange, purporting to be drawn “ against twelve bales of cotton," procured its discount by a bank. The drawee afterwards, by letter to the drawer, promised to accept the bill on receipt of the cotton; the letter was shown to the holder of the bill, who presented it for acceptance, which was refused; and the drawee sold the cotton, on receiving it, and credited its proceeds to the drawer, who was largely in his debt. Held, that the holder could not sue the drawee either on his promise to accept, or for the proceeds of the cotton. — Exchange Bank of St. Louis v. Rice, 107 Mass. 37.
2. A promissory note executed by a foreigner who cannot read or write English, and who is fraudulently induced to believe that he is signing an entirely different contract, is absolutely void, even in the hands of a bona fide holder for value. — Walker v. Ebert, 29 Wis. 194; and see cases referred to in White v. Graves, 107 Mass. 325, 328.
Sce ACCEPTANCE; ADVANCEMENT; Bona FIDE PURCHASER; CAECK; CONSIDERATION; HUSBAND AND WIFE, 2; PLEADING ; STAMP, 2; SURETY ;
Bona FIDE PURCHASER. When a bill is found in the hands of the drawee, it is to be presumed that he holds it for acceptance or after payment, and therefore a person receiving it from him without inquiry is not a bonâ fide holder. - Central Bank of Brooklyn v. Hammett, 50 N. Y. 158.
See BILLS AND NOTES, 2; DEED, 2. Bond. - See CONSIDERATION; CONSTITUTIONAL Law, 2; MONEY; SLAVE.
Bounty. — See CONSTITUTIONAL Law, State, 7.
BUILDING ASSOCIATION. - See PENALTY.
BURGLARY. Defendants went by night to the house of the prosecutor and asked for admittance; on being let in by him, they knocked him down and robbed the house. Held, burglary. — State v. Mordecai, 68 N. C. 207.
By-Laws. — See PENALTY; RESTRAINT OF TRADE.
CANCELLATION. - See INSURANCE (FIRE), 1; SURRENDER.
CARRIÈR. 1. Goods were sent by rail under a contract limiting the carrier's liability in case of loss. Held, that a delivery of the goods to the wrong person, at their destination, was not a loss within the meaning of the contract. — Balt. & 0. R.R. Co. v. McWhinney, 36 Ind. 436.
2. A steamboat regularly employed in towing barges between certain fixed termini, for all persons, for hire, is a common carrier of the barges and their cargoes. – Bussey v. Mississippi Valley Transp. Co., 24 La. Ann. 165.
See ACTION, 3; AGENT, 2; CONSTITUTIONAL LAW, 8, 9; LIEN; NEGLIGENCE.
CHALLENGE. When two or more are indicted jointly, the state is entitled to no more peremptory challenges than when the indictment is against one alone. — State v. Earle, 24 La. Ann. 38.
See JURY, 1.
CHAMPERTY. The agreement of an attorney to prosecute a real action on condition that he shall receive a part of the property if it is recovered, held, not champertous when the attorney does not agree to pay the expenses of the suit. — Allard v. Lamirande, 29 Wis. 502.
CHARTER. — See FISHERY.
CHATTEL MORTGAGE. Informalities in the execution and recording of a chattel mortgage are cured by a subsequent delivery of the property to the mortgagee, as against third parties whose rights accrue after such delivery. - Morrow v. Reed, 30 Wis. 81.
See INSURANCE (FIRE), 2.
CHECK. 1. Where a check has several indorsements, the bank on which it is drawn · is not bound to see to the genuineness of any but the last. — Levy v. Bank of America, 21 La. Ann. 220.
2. The promise of a bank to a depositor to pay all checks which he may draw does not make it liable to an action of contract by the holder of a check afterwards drawn by him for part of the amount deposited. — Carr v. National Security Bank, 107 Mass. 45.
CHILDREN. - See WILL, 2.
COLLOQUIUM. — See SLANDER.
COMMON Law. - See FIRE.
CONFEDERATE MONEY. — See EXECUTOR AND ADMINISTRATOR, 1; INSUR
ANCE (LIFE), 1; SPECIFIC PERFORMANCE. CONFISCATION. — See AGENT, 4; EXECUTOR AND ADMINISTRATOR, 2; Mar
CONFLICT OF FEDERAL AND STATE AUTHORITY. – See BANKRUPTCY, 5; Con
STITUTIONAL LAW, 6; PATENT; REMOVAL OF SUITS.
CONSIDERATION. Negotiable bonds issued by a state in aid of the rebellion, and commonly circulating in the state, held, no consideration for a promissory note. — Hanauer v. Woodruff, 15 Wall. 439.
See ADVANCEMENT; CONSTITUTIONAL LAW, 1; SLAVE; SPECIFIC PERFORMANCE; SURETY.
CONSTITUTIONAL LAW. 1. A provision in a state constitution forbidding the enforcement of any debt the consideration of which was a slave or slaves, held (following White v. Hart, 13 Wall. 646, and overruling former decisions of the state court) unconstitutional. — Mosely v. Hogg, 45 Ga. 600.
2. A state statute taxing bonds of a company incorporated by the state, which bonds are held by citizens of other states, held, unconstitutional (ClifFORD, MILLER, Davis, and Hunt, JJ., dissenting). – Cleveland, Painesville, & Ashtabula R.R. Co. v. Pennsylvania, 15 Wall. 300.
3. A statute requiring travelling merchants and pedlars, not residents of the state, to take out a license and pay a fee therefor, held, constitutional. - Sears v. Warren County, 36 Ind. 268.
4. A statute making the intermarriage of whites and negroes a criminal offence, held, constitutional. — State v. Gibson, 36 Ind. 389.
5. National banks, organized under act of Congress, are bound by the usury laws of the states in which they are situated. – First National Bank of Whitehall v. Lamb, 50 N. Y. 95.
6. A state statute providing for the extradition of fugitives from justice from foreign countries, held, unconstitutional. — People v. Curtis, 50 N. Y. 321. .
7. A statute requiring foreign corporations, before doing business within the state, to agree not to remove into the United States courts any suit brought against them in a state court, held, constitutional. - Morse v. Home Ins. Co., 30 Wis. 496.
8. A state statute taxing freight taken up within the state and carried out of it, or taken up outside the state and delivered within it, held, unconstitutional. – Reading R.R. Co. v. Pennsylvania, 15 Wall. 232.
9. A state statute taxing the gross receipts of railroad companies, which ATOSS receipts are partly made up of moneys earned by transporting freight to and from points without the state, held, constitutional, (MILLER, FIELD, and Hunt, JJ., dissenting). — Reading R.R. Co. v. Pennsylvania, 15 Wall. 284.
See CONSTITUTIONAL LAW, STATE, 8; EXEMPTION, 1, 2; FISHERY.