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ADVANCEMENT. A man divided certain property among his children, and took from them receipts expressed to be in full of their shares of his estate. Held, (1) that these receipts were valid and binding on the children who were of age and unmarried, and a bar to any claim by them on their father's estate ; but (2) that the receipt of a married daughter, signed by herself and her husband, was void and no bar. — Bishop v. Davenport, 58 III. 105.
AFFIDAVIT. - See JURY; NationAL BANK.
2, 4, 6.
ALIEN. Semble, that an alien who has made the primary declaration of intention to become a citizen, may take and hold lands, and transmit them by descent, though he dies before he is fully naturalized. – Settegast v. Schrimpf, 35 Tex. 323. See CITIZEN.
ALTERATION OF INSTRUMENTS. — See BILLS AND NOTES, 3.
AMENDMENT. The want of the clerk's signature to a writ is an amendable defect. - Austin v. Lamar Ins. Co., 108 Mass. 338.
APPEAL. — See FOREIGN JUDGMENT, 1.
APPLICATION OF PAYMENTS. — See PAYMENT. ARREST. — See Constitutional Law, 1; ConstitutIONAL Law, STATE, 2;
False IMPRISONMENT, 1, 2. Assault. – See DAMAGES, 3; FALSE IMPRISONMENT, 1, 2; HUSBAND AND
Wife, 3. ASSESSMENT. — See INSURANCE (FIRE), 1; LIEN; Tax. AssIGNMENT. — See Action, 1; FRAUDULENT CONVEYANCE, 2; MortgAGE, 1;
REMOVAL OF Suits, 2; WARRANTY.
ASSUMPSIT. 1. Plaintiff bought land with money borrowed from defendant for that purpose, and the land was conveyed to defendant as security for the loan. The land was afterwards sold, and defendant received the purchase-money, which was more than enough to repay him his loan with interest. Held, that plaintiff could recover the surplus in an action for money had and received. — Jackson v. Stevens, 108 Mass. 91.
2. A. sold land to defendant with covenant against incumbrances. There was a mortgage on the land, and A. paid to defendant the money to discharge it. Defendant sold the land to plaintiff with like covenant, and promised him to pay off the mortgage, but failed to do so, and the mortgage was foreclosed. Held, thav plaintiff might recover of defendant the expense of redeeming the mortgage in an action for money had and received. — Twitchell v. Drury, 25 Mich. 393.
ATTACHMENT. — See INSOLVENCY, 2; SALE, 2.
BAIL. M. was held in Connecticut to answer for a crime. Defendants became his bail, whereupon he was released and went to New York, where he was arrested by virtue of a requisition from the governor of Maine, taken to Maine, and there tried, convicted, and imprisoned for a crime there committed, by reason of which imprisonment he failed to appear at the time fixed in Connecticut. Held, that defendants were liable on their recognizance. (CLIFFORD, MILLER, and FIELD, JJ., dissenting.) – Taylor v. Taintor, 16 Wall. 366; affirming s. c. 36 Conn. 242. BANK. — See BILLS AND NOTES, 1; CHECK; CORPORATION, 1; NATIONAL
BANKRUPTCY. 1. Defendant, in an action pending in a state court, moved to stay proceedings therein on the ground of the pendency of proceedings in bankruptcy against him in the District Court of the United States. Held, that the motion must be made in the latter court. — Garrett v. Carrow, 3 Houst. 652.
2. Where a creditor has not proved his debt in bankruptcy, the pendency of proceedings in bankruptcy against the debtor is not pleadable in bar of an action to recover the debt. — Stone v. Brookville Nat. Bank, 39 Ind. 284.
3. In an action to recover a debt, plea in bar that defendant had been declared bankrupt, and that plaintiff had proved in bankruptcy the claim sued on, held, bad; the effect of the bankruptcy proceedings being not to destroy but to suspend the right of action. — Smith v. Soldiers' Business Messenger and Dispatch Co., 6 Vroom, 60.
4. A claim against an attorney, for money collected by him for his client, is “ a debt created while acting in a fiduciary character," within the meaning of the Bankrupt Act, and is not barred by a discharge in bankruptcy. - Heffren v. Jayne, 39 Ind. 463.
5. Action on a promissory note. Plea, defendant's discharge in bankruptcy. Replication, that the discharge was invalid, because defendant fraudulently conveyed bis property before bankruptcy and in contemplation thereof. Held, bad, because a state court has no jurisdiction to impeach a discharge for fraud. — Way v. Howe, 108 Mass. 502. And see Burpee v. Sparhawk, ib. 111.
6. On the discharge of a bankrupt under the Act of 1841, a surplus of land remained in the hands of his assignee. Held, that the title thereto was revested in the bankrupt without any conveyance. - Stevens v. Earles, 25 Mich. 40.
7. A state court has no jurisdiction of a bill filed by an assignee to set aside a conveyance made by the bankrupt, in fraud of the Bankrupt Act. — Voorhies v. Frisbie, 25 Mich. 476.
8. The indorser of a bill who was induced to indorse it by the fraudulent representations of the drawer, was compelled to pay the bill, and recovered judgment for the amount so paid against the drawer. In an action of debt on the judgment, defendant pleaded his discharge in bankruptcy. Held, that the debt sued on was not “ created by fraud,” within the meaning of the Bankrupt Act, and therefore that the plea was good. — Palmer v. Preston, 45 Vt. 154. See CORPORATION, 4; INSOLVENCY, 1.
BETTERMENT. — See LIEN; Tax.
BILLS AND NOTES. 1. A certificate of deposit in this form : “H. has deposited in this bank $550, payable to the order of R., with interest, if left three months, on return of this certificate;" held, a promissory note. — Cate v. Patterson, 25 Mich. 191.
2. Defendant made a promissory note, being fraudulently induced by the promisee to suppose that he was signing a different instrument. Held, that the note was void in the hands of a bona fide holder for value before maturity. Briggs v. Ewart, 51 Mo. 246.
3. Defendant made a note to J. in payment for a horse sold to him by J., who made the sale as plaintiff's agent, though this agency was unknown to defendant. J. showed the note to plaintiff, and took it to a bank to be discounted for his use. The bank refused to do this, because the note was made payable" without defalcation ” merely; whereupon J., without plaintiff's knowledge, inserted in the note the words “ or discount," and the bank then took the note, and plaintiff received the proceeds. Held, that this alteration did not bar plaintiff's right to recover on the note. — Hunt v. Gray, 6 Vroom, 227.
See BANKRUPTCY, 8; ILLEGAL CONTRACT; INDORSER; MORTGAGE, 2.
Bona FIDE PURCHASER. — See BILLS AND NOTES, 2; MORTGAGE, 2.
BROKER. Defendant, wishing to borrow money on mortgage, applied to plaintiffs, who were brokers, and who agreed for a certain sum to find a lender, and bave the title examined. The title proved defective, and the proposed lender refused to let defendant have the money. Held, that plaintiffs could not recover their commissions. (WAGNER and Ewing, JJ., dissenting.) – Budd v. Zoller, 52 Mo. 238. See INSURANCE (Fire), 4.
BURDEN OF PROOF. Action to recover an amount claimed by plaintiff to have been paid to him by defendant in bad money, on account of a previous debt. Defendant admitted the payment, but averred that the money was good. Held, that the burden was on plaintiff to prove it bad. - Atwood v. Cornwall, 25 Micb. 142.
See CONTRACT, 2; HUSBAND AND WIFE, 1.
BY-LAW. Ordinance of a town requiring druggists, under a heavy penalty, to furnish a quarterly statement of all spirituous liquors sold by them for sacramental, chemical, mechanical, or medical purposes (the sale for other purposes being pro
hibited), such report to show the kind and quantity of liquor sold, when and to wbom sold, and on whose prescription or assurance, and to be verified by the oath of the druggist and of every clerk or servant in his employ; held, unreasonable and void. — Clinton v. Phillips, 58 II. 102. See CONSTITUTIONAL Law, 7.
CAPTURE. — See PRIZE.
names of General Wagislature appr
CARRIER. Plaintiff delivered corn to defendants, a railway company, for carriage. Defendants' line was in possession of the government, by whom it was used for military purposes, and without whose consent defendants could not transport goods. Defendants gave no receipt for the corn. Held, that they were not liable as common carriers for not transporting it. — Illinois Central R.R. Co. v. Ashmead, 58 III. 487. See DAMAGES, 2.
CERTIFICATE. An act of the legislature appropriated money for the purchase of “ certain relics of General Washington," to be paid upon the certificate of three persons named in the act. Held, that the certificate of two of them, showing that the third refused to join, was sufficient. — People v. Nichols, 52 N. Y. 478. CHARTER. — See CORPORATION, 2, 5; INSURANCE (FIRE), 5.
. CHECK. . Plaintiff, the holder of defendant's check, procured it to be certified by the bank on which it was drawn. Held, that, as between plaintiff and defendant, the check was paid. — First Nat. Bank of Jersey City v. Leach, 52 N. Y. 350. CHOSE IN ACTION. — See ACTION, 1; FRAUDS, STATUTE OF, 1. CHURCH. — See ECCLESIASTICAL Law.
CITIZEN. The Act of Congress of 1802 (2 Sts. at Large, 155), providing that “ children of persons who now are or have been citizens of the United States, shall, though born out of the limits and jurisdiction of the United States, be considered as citizens of the United States," held, not to apply to children born out of the jurisdiction of the United States before their parents became citizens. — Crane v. Ruder, 25 Mich. 303. See ALIEN. — CONSTITUTIONAL Law, 1.
COLLOQUIUM. – See SLANDER.
COMMON CARRIER. — See CARRIER.
CONDITION. 1. A. devised land to his wife during her widowhood, and after her death to his son T., “provided he takes care of her during her natural life.” Held, a condition subsequent, performance of which might be waived by the widow. – Rush v. Rush, 40 Ind. 83.
2. Land was conveyed by deed, “ conditioned ” that no building should be made on the said land except a dwelling-house and out-buildings, or such other buildings as would not affect the rights of the grantor, his heirs or assigns, to a greater degree than a dwelling-house as aforesaid would affect the same; the grantor being the owner of a house near the granted premises ; " and conditioned also ” that no building should be erected on said land which should extend more than twenty feet southerly of the house occupied by the grantor. This clause immediately followed the description of the granted premises. Held, neither a condition nor a covenant, but a restriction enforceable in equity against a purchaser from the grantee. — Fuller v. Ames, 45 Vt. 400. See CERTIFICATE; CONTRACT, 3; MistakE; SALE, 2.
CONDITIONAL LIMITATION. — See DEVISE, 2.
CONFUSION. — See ACCESSION.
CONSTITUTIONAL Law. 1. A state statute confining the privilege of exemption from arrest on execution, without an affidavit of fraud, to citizens of the state, held, constitutional. - Gray v. Cook, 3 Houst. 49.
2. A state statute, prohibiting the importation of cattle from another state, by reason of danger of infection, held, constitutional. — Yeazel v. Alexander, 58 III. 254.
3. A statute provided that “whenever final judgments shall be rendered, ... said judgment shall become a lien" on the lands of the judgment debtors. Held, (1) that the act, by its true construction, purported to make judgments rendered before its passage liens from the time they were rendered; (2) that the act so construed was constitutional. (OGDEN, J., dissenting.) — Moore v. Letchford, 35 Tex. 185.
4. A state statute incorporating a slaughter-house company, and providing that the company should permit all persons to use their buildings for slaughtering, on payment of certain fees, and that the trade should not be carried on elsewhere within certain limits, held, not in violation of the 13th or 14th Amendments to the Constitution. (Chase, C. J., SWAYNE, FIELD, and BRADLEY, JJ., dissenting.) – Slaughter-house Cases, 16 Wall. 36; affirming s.c. 22 La. Ann. 545, nom. State v. Fagan.
5. The Supreme Court of Illinois refused to admit a woman to practise as an attorney in the courts of that state. Held, no violation of the 14th Amendment to the Constitution of the United States. (CHASE, C. J., dissenting.) — Bradwell v. The State, 16 Wall. 130; affirming 8. c. 55 Ill. 535.
6. A state statute providing that no recovery shall be had of any debt contracted before a certain previous date, unless it be made to appear that all taxes due on the debt have been paid, held, unconstitutional. — Walker v. Whitehead, 16 Wall. 314; reversing s. C. 43 Ga. 538.
7. A city ordinance taxing express companies doing business in the city, whose business extended beyond the limits of the state, held, constitutional. – Osborne v. Mobile, 16 Wall. 479 ; affirming 8. c. 44 Ala. 493.
See JUDGMENT, 2.