[In this and future indexes only cases reproduced at large will be included.]
ACCOUNT STATED-I. O. U. as evidence of account stated. Lemere
v. Elliott
ACQUIESCENCE-Construction of works-User-Informal agree-
ment. See Specific Performance, 2.
ACTION, CAUSE OF-Conversion in law -Sale by sheriff under fi. fa.
of chattels let to execution debtor-Pleading-New assignment. Lan-
cashire Waggon Co. v. Fitzhugh
645
ANNUITY-1. Annuity bequeathed out of personalty not within
s. 42 of Statute of Limitations. In re Ashwell's Will.
2. Annuity to widow in lieu of dower-Whether charged on
corpus of fund. See Will, 3.
ARBITRATION-Costs-Payment of arbitrator's fees by one party-
Recovery of moiety of cost from other party. Marsack v. Webber 344
ARREST-Coroner Privilege. See Coroner.
ASSAULT "Abusing female"
Justices, 1.
Jurisdiction of justices.
ATTACHMENT OF DEBT-Garnishee-Judgment against executor
-Attachment of debt due from third person to testator's estate-Decree
in administration suit. Burton v. Roberts
BANKER-1. Country banker-Agreement to procure London agents
to accept bills drawn by foreign correspondents of customer--Inference
from course of dealing-Bankruptcy-Principal and agent-Privity of
contract-Right to recover from customer. Barkworth v. Ellerman. 720
2. Forgery Payment on forged cheque - Letter of credit-
Money deposited for special purpose. British Linen Co. v. Caledonian In-
surance Co..
929
BANKRUPTCY-1. Act of bankruptcy-Fraudulent sale of goods at
undervalue-Recovery from purchaser.
Fraser v. Levy
352
2. Composition after bankruptcy-Non-payment or tender of
composition within stipulated time for payment-Action to recover
original debt-Pleading. Hazard v. More
607
BILL OF EXCHANGE-1. Notice of dishonour-Waiver of notice-
Acknowledgment of liability to person other than party who after-
wards sues on bill. Rabey v. Gilbert
2. Fraud-Intent to defeat judgment creditor-Registration-
Deed attested and consideration money paid two days after execution.
Darvill v. Terry .
3. Deposit of securities-Lien of drawer on goods deposited-
Specific appropriation-Transfer of lien to person discounting bill-
Rule in Ex parte Waring. Inman v. Clare
BROKER-Stockbroker-Advance to bankers on securities-Securi-
ties property of third parties-Fraud-Right to general lien for all
moneys due. Jones v. Peppercorne
BUILDING SOCIETY - Contract - Surveyor's commission - Insol-
vency of society-Personal liability of managing director. Alexander
v. Worman.
406
CANAL—Adjoining mine-owner-Power to make roads from mines to
canals-Circuitous route-Saving of time by avoiding lock. Richards v.
CARRIER—1. Railway Company-Damage to goods-Declaration of
value-Collection by defendants' van-Duty of carrier to demand extra
carriage. Behrens v. G. N. Rail. Co. 569; G. N. Rail. Co. v. Behrens . 580
Rates for carriage of goods-Extra charges for services,
expenses, and risks in receiving, loading, unloading, and delivering
goods not allowed in absence of express contract. Pegler v. Monmouth-
shire Rail. Co.
. 746
CHARITY-Chapel-Conveyance to trustees-Secession of minister
and majority of congregation-Right to chapel. Cairncross v. Lorimer
906
COMPANY-1. Calls, action for-Calls in excess of amount prescribed
by Act-Pleading. Welland Rail. Co. v. Berrie
601
2. Debentures, irregular issue of, by directors without
authority-Position of debenture-holders, with and without notice.
In re Magdalena Steam Navigation Co.
3. Officer, appointment of-Appointment by directors of one of
themselves to salaried office in Company-Authority-Public policy.
Eales v. Cumberland Black Lead Mine Co..
630
4. Transfer of shares-Substitution of name of another transferee
without transferor's authority-Invalid transfer-Striking name off
register. Hare v. L. & N. W. Rail. Co.
5. Winding-up-Bank-Sci. fa. judgment against contributory
-Compromise by shareholder Stay of proceedings on judgment.
Cleave v. Harwar
356
Action for calls-Creation of shares not provided
for by deed of settlement-Estoppel of person holding shares who
had executed deed of settlement and received dividends. Hull Flax
and Cotton Mill Co. v. Wellesley.
367
Appointment of liquidators-Due notice of object
of meetings-Construction of deed of settlement. Anglo-Californian Gold
Mining Co. v. Lewis
439
Contributory-Receipt of dividends-Fraud-Misrepre-
sentation by directors-Fraudulent insertion of false statement in deed
of settlement. Sheffield's case.
189
Transfer of shares to trustee in order to avoid
And see Insurance (Life).
CONFLICT OF LAWS-1. Domicil-Will-Plea in bar to legatee's
suit -Bequest void by law of domicil. Campbell v. Beaufoy
140
2. Colonel in East India Company's service residing in
England-Liability to be ordered back to India-Expressions of
intention to return to India. Att.-Gen. v. Pottinger
Domicil of origin-Scotchman residing in London-
Residence in foreign country for pleasure or in search of employment
-Cohabitation in foreign country-Intention to return to native
country on doubtful contingency-Observations as to losing or recover-
ing domicil of origin. Aikman v. Aikman
CONFLICT OF LAWS-4. Foreign judgment-Error-Judgment of
Court having jurisdiction cannot be impeached on ground of error
on merits. De Cosse Brissac v. Rathbone .
. 521
5. Proceedings pending in foreign Court-Bill to restrain actions
brought in England and to protect funds pending foreign litigation.
Transatlantic Co. v. Pietroni
. 260
CONTEMPT OF COURT-Court of assize is a superior Court having
authority to issue general warrant of commitment for contempt. In re
Fernandes .
CONTRACT-1. Breach of promise of marriage-Evidence of exonera-
tion from promise. Davis v. Bomford
490
2. Consideration-Performance of act which person has agreed
with another to perform is a good consideration to support contract
with third person if latter derives benefit from performance. Scotson v.
Pegg
3. Evidence of terms-Notice printed on back of receipt-Means
of knowledge-Question for jury. Symonds v. Pain.
4. Restraint of trade-Covenant not to carry on business within
given distance-Distance, how measured. Duignan v. Walker. `. 186
CONVERSION-Personalty-Direction to lay out in land to be held
on trusts which do not exhaust absolute interest-Devolution, after
expiration of trusts, upon executors for benefit of testator's next of kin.
Head v. Godlee
227
COPYHOLD—1. Right of fishery-Canal-Reservoir-Commons or
waste lands-Construction of statute. Grand Union Canal Co. v. Ashby
589
2. Surrender-Fine on admittance-Assessment by lord of manor
-Evidence Minute of admittance-Copy of court roll. Hayward v. Raw
526
Lord cannot recover fine not certain unless it is
reasonable and assessed and demanded. Hayward v. Raw . . 526
CORONER-Arrest -Privilege--Deputy coroner privileged from arrest
while preparing to hold inquest. Ex parte Deputy Coroner of Middlesex 645
CORPORATION (MUNICIPAL)-1. Clerk of the peace-Agreement
with corporation for salary in lieu of fees-Unlawful agreement—
Public policy-Bill for account-Demurrer. Corporation of Liverpool v.
Wright
2. Liability for negligence-Statutory duty-Baths and Wash-
houses Act, 1846. See Negligence, 3.
COSTS-1. Apportionment-Suit for account of tithes -Apportion-
ment of costs-Common defence-Payment of costs by defendants
generally. Esdaile v. Peacock .
2. Certificate to deprive plaintiff of costs-Action in superior
Court for injury and verdict less than £5-Action commenced before
C. L. P. Act, 1860, came into operation—Jurisdiction of Judge. Wright
v. Hale
477
3. Security for costs-Security of plaintiff, captain of foreign
ship usually trading to this country. Nylander v. Barnes.
651
COUNTY COURT-1. Jurisdiction-"Whole cause of action "-Con-
tract-Breach of warranty. Aris v. Orchard
Dwelling of corporation-Principal offices and station
Adams v. G. W. Rail. Co.
3. Right of treasurer to break open door of Registrar's office to
obtain county court books for purpose of audit. Burridge v. Nicholetts 582
4. Wrong entry of verdict-Application to superior Court-
When too late. Coke v. Jones.
DAMAGES-1. Measure of-Breach of contract-Sale of goods-Sub-
sale by sample-Liability of original seller to buyer for liability
incurred by latter to sub-buyer in consequence of original seller's
default. Josling v. Irvine
Non-delivery of goods by carrier-Wages-Loss of profit
-Remote consequences of breach-Misdirection. Gee v. Lancashire and
Yorkshire Rail. Co.
3. Wilful negligence-Malice-Exemplary damages. Emblen
DEBENTURE. See Company, 2.
DISCOVERY-Production of books at place of business-Fraudulent
alterations-Laches-Form of special order for production of books at
place of business. Mertens v. Haigh
DOMICIL. See Conflict of Laws, 1-3; Husband and Wife, 4.
EASEMENT-1. Cesspool-Implied grant-Severance of property-
Drainage into adjoining land. Ewart v. Cochrane
2. Dedication of highway subject to pre-existing right of user by
occupies of adjoining land for purpose of depositing goods thereon.
Morunt v. Chamberlin
3. Evidence of prescriptive right to place goods on highway.
Morant v. Chamberlin
. 672
4. Right to lateral support of neighbour's soil-Prescriptive
right to support for additional weight of buildings. Hunt v. Peake 301
5. Right to support-Mines-Buildings on surface land erected
within twenty years-Damage to possession and reversion-Action in
name of former owner for damage sustained before termination of
interest. Stroyan v. Knowles, Hamer v. Knowles
6. Sea-shore-Right to take sea-ware- Conveyance-Severance
of estate-Implied grant-Appurtenances-Construction of deed-Ser-
vitudes. Baird v. Fortune
ESTATE-Entailed estates-Posthumous heir-Not entitled to rents
accrued due before birth. Richards v. Richards
323
ESTOPPEL-Railway Company-Contract for execution of works-
Contractor's bond-Recital in agreement for reference to arbitration,
whether acting as estoppel to action on bond. South Eastern Rail. Co. v.
Warton
659
EVIDENCE-1. Documentary-I. O. U.-Account stated. Lemere v.
755
2. Action for bribery under Corrupt Practices Act-Register of
voters-Writ and return-Public document-Certified copy-Parol
evidence of election having taken place. Reed v. Lamb
3. Proof of assignment of debt where order inadmissible for
want of stamp. Pott v. Lomas
665
4. Witness-Privilege-Answer likely to subject witness to
Scott v. Miller.
penalties-Form of answer.
FAMILY ARRANGEMENT-Discussion of consideration necessary
to support family compact, and of circumstances sufficient to establish
laches, acquiescence and confirmation Head v. Godlee
FISHERY-Right of Canal-Lord of manor. See Copyhold, 1.
FOREIGN JUDGMENT. See Conflict of Laws, 4.
FRAUDS, STATUTE OF-Contract-Delivery of possession of house
-Debt-Accord and satisfaction-Pleading-Equitable plea. Lavery v.
Turley
GAME-Right of sporting-Grant not under seal-Interference by
landlord-Injunction. Frogley v. Earl of Lovelace.
147
HIGHWAY-Dedication-Highway may be dedicated subject to
easement enjoyed by occupiers of adjoining land. Morant v. Chamberlin
672
HUSBAND AND WIFE-1. Agreement for separation-Voluntary
deed-Specific performance-Custody of child-Unlawful consideration
-Appointment of new trustee. Walrond v. Walrond
2. Deed of separation-Covenant not to "molest or disturb"
husband-Suit for judicial separation held not a breach of covenant.
Thomas v. Everard
3. Payment to married woman-In cases not within Married
Women's Property Act, 1882, payment not generally ordered to married
woman on her separate receipt without examination. Gibbons v. Kibbey
979
4. Wife's equity to settlement-Scottish domicil-Ward of Court
-Husband's right to payment of fund in Court. In re Tweedale's Settle-
ment.
INDEMNITY-Distress for rent-Indemnity to broker-Damages-
Costs of defending action. Ibbett v. De la Salle
INNKEEPER-Liability for goods stolen from guest-Contributory
negligence-Omission to lock bedroom door-Implied promise-Action
against executors-" Tort "-Civil Procedure Act, 1833, s. 2. Morgan
v. Ravey
INSURANCE (ACCIDENT)-Death by accident-Drowning-Injury
caused by "outward and visible means "-Question for jury-Death
whether due to action of water or from natural causes. Trew v. Railway
Passengers' Assurance Society
INSURANCE (LIFE)-Company-Winding-up-Policy-Charge on
assets-Payment postponed until three months after proof of death-
Priority Marshalling. In re Athenæum Life Assurance Society
INSURANCE (MARINE)-General average-Jettison of deck cargo
-Evidence of custom. Miller v. Tetherington
JUSTICES Jurisdiction-Aggravated assault- "Abusing female"
Charge showing evidence of rape. In re Thompson
2. Conviction-Master and servant-Absenting from service-
Quashing conviction. See Master and Servant, 1, 2.
LANDLORD AND TENANT-1. Agreement for building lease-
Contract to pull down old house and build new one-Specific per-
formance with damages. Soames v. Edge
2. Breach of covenant-Sale of manure-Increased rent-Plead-
ing-Declaration. Legh v. Lillie
3. Distress for rent-Right of tenant to retake property dis-
trained in order to prevent unlawful use of it by distrainor. Smith v.
Wright
Tenant wilfully holding over-Action for double rent
Bonâ fide belief of right to retain possession. Swinfen v.
Bacon.
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