certified that the defendant was entitled to be allowed a certain sum for interest on the monies which he had from time to time advanced to the plaintiff, and that he ought to be charged with interest on the rents received by him. Malins, Q.C., and Jessel now moved to vary the certificate by striking out the sums allowed; and they submitted, that as there was no evidence of the existence of any partnership articles, or of any special contract, whereby it had been stipulated that the defendant should be paid interest, it could not be allowed. Woodroffe supported the certificate, and submitted, that as the defendant had provided all the capital, and as the plaintiff had merely found the labour, for which he had been paid at the usual rate, the defendant was entitled to the interest which the chief clerk had allowed from the dates of the advances down to the date of the certificate, or at any rate the defendant was entitled to interest down to the date of the decree. Sir J. STUART, V.-C., said that in a case of this kind, unless there were a contract of some kind to pay interest, or some principle of law which authorised him to say that one partner, who advanced all the money for a certain purpose, was entitled to interest, he could not allow it at all. The accounts ordered were of all partnership dealings and transactions. Those accounts had been taken, and the chief clerk had certified that the defendant ought to be charged with interest upon the rents which he had received, and that he ought to be allowed interest on all the monies which he had advanced for the affairs of the partnership. That, he (Sir J. STUART) thought, was a mistake on the part of the chief clerk, and he should therefore vary the certificate by striking out all the items which he had allowed for interest. Malins asked for costs generally. Sir J. STUART, V.-C., said the justice of the case would be answered by not giving costs of the suit on either side, but he should direct the defendant to pay half the costs which had been incurred in the sale of the property, the amount to be settled by the chief clerk in case the parties differed. STEVENS v. Соок. INDEX. [In this and future indexes only cases reproduced at large will be included.] - - ACCORD AND SATISFACTION Railway Company — Injury to ACTION-1. Cause of-Sale of glandered horse-Infection of another 2. Watercourse-Action for fouling-Possession of use of stream, 3. 645 Abstraction of water percolating underground- 187 performance. Vendor and ANIMAL-1. Person keeping animal of fierce nature bound to keep Harris 873 2. Sale of Horse suffering from glanders-Sale in horse reposi- Finality ARBITRATION-1. Award 2. arbitrators. 3. 480 Remitting back award after death of one of several 427 Extortion by arbitrator- - Action to recover back Braithwaite 697 ASSAULT-Threat to shoot-Presenting loaded gun-Justification ASSIGNMENT-By sheriff-Validity of. See Sheriff, 2. . 914 ATTORNEY-GENERAL-Consent of, to proceedings for penalty. See Penalty, 1. BANKRUPTCY-1. Act of bankruptcy-Sale on eve of bankruptcy 613 2. BANKRUPTCY-L. An of bankruptcy-What is evidence of-Know- 4. Discharge of debo-Sew scntract or security for payment of BARRISTER-Crisel se razsed to Bench not precluded from BILL OF EXCHANGE AND PROMISSORY NOTE-1. Acceptance, 395 Partnership - Acceptance by new frm for debt of old — 1. In bil-Stamp duty-Drawee residing in England- 42% 4. Promissory node-Company-Liability, whether that of Com- pany or if directors signing note 542 Cheque as evidence of payment See Evidence, 2. 906 1 Description of assignor-Gentleman"-Medical student -Property passing-Assignment of all furniture in house and 4 Afiant-Attestation-Residence of attesting witness-Dis- Non-registration-Bill of sale not nullifed by want of regis T. CARRIER : Batway Company-Passengers-Injury to passenger 887 889 Goods-Obligation to carry goods with reasonable expedition line. 3. 106 Liability for loss of goods beyond limits of Company's 734 It is not ultra vires for Company to carry beyond their 7. Notice to consignor leakage arising from defect in package. - Liability of carrier for CERTIORARI-To remove cause from county court-Practice- 691 CHARITY AND CHARITABLE TRUST—1. Charitable bequest- 2. Mortmain Act (9 Geo. II. c. 36) does not extend to New 2. 9 Geo. IV. c. 83, s. 24, refers to laws regulating adminis- COMMON-Right of common Prescription -- Enjoyment 70 as of 433 COMPANY-1. Promissory note Form of note-Liability whether in sci. fa. against shareholder. Bill v. Richards . 555 3. Secretary-Admission by Authority. See Evidencə, 10. 2. 70 English grant of probate not appealed against, conclu- 3. 70 Scottish divorce-Effect of judicial separation-Status of 4. 210 CONSIDERATION Guaranty Forbearance as consideration for CONTRACT-1. Offer by letter Request for reply "by return of Trotter 954 2. Action for breach of contract-Parol plea of leave and licence 398 4. Action for work and labour Building contract Delay -- . . 962 964 6. Illegality--Usury - Substitution of new contract - Legacy And see Poor Law; Sale of Goods, 1; Ship and Shipping, 3, 4; |