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plea in, of non-joinder of joint debtor, 213.
when inadmissible, 214.

of non-joinder of joint creditor, 216.

of the coverture of the plaintiff, 234, 241, 631.

of the coverture of the defendant, 234, 631.

of non-joinder of executor as plaintiff or defendant, 636, 637.

that plaintiff is an enemy, 397. See Enemy.

of action pending, 513. See Action Pending.

ACCEPTANCE.

of offer of contract, 12.

variance between offer and acceptance, 14.

by letter, when complete, 10.

of contract under seal, presumed, 80.

acceptance of goods under Statute of Frauds, 153. See Frauds, Statute of.

ACCIDENT.

does not excuse performance, 362.

accidental fire does not excuse covenant to repair, 363.

alteration of instrument caused by, 430.

loss of instrument by, 433.

ACCOMMODATION BILL.

implied indemnity of maker, 26, 43.

ACCORD AND SATISFACTION.

promisee not bound to accept satisfaction for breach, 465.

acceptance of satisfaction discharges breach, 466.

accord and satisfaction of specialty debts, 466.

what may be given and accepted in satisfaction, 467.

payment in satisfaction, 467. See Payment.

new contract accepted in satisfaction, 467.
bill or note taken in satisfaction, 467, 477.
compositions with creditors, 468.

liability of, or to, third party accepted in satisfaction, 468.

adequacy of satisfaction immaterial, 468.

payment of smaller sum alone no satisfaction of larger debt, 468, 474.

accord without satisfaction inoperative, 468.

by and with whom accord and satisfaction may be made, 470, 486.
satisfaction made by a stranger, 470, 487.

ACCOUNT STATED.

contract implied upon, 68.

must admit a certain debt, 68.
of debts payable in future, 69.

ACCOUNT STATED-continued.

must be made between the parties to the debt or their agents, 69.

may be in any form, 70.

effect of I. O. U. as, 70.

effect of bill or note as, 69, 70.

of debt barred by Statute of Limitations must be in writing, 70, 72.
of debt under seal, 70.

what debt will support account stated, 71.

validity of debt may be disputed, 71.

balance of cross accounts, 72.

debt under contract within Statute of Frauds, 72, 167.

equitable debts, 73.

by trustee, 73.

by executor or administrator, 73.

ACKNOWLEDGMENT.

of contract made during infancy, 229. See Infant.

of debt barred by Statute of Limitation, 531, 542. See Limitation.
ACTION PENDING.

plea in abatement of, 513.

actions must be for same cause, 513.

and between the same parties, 513.
action pending in inferior court, 513.
in superior court, 513.

ADEQUACY.

of consideration immaterial, 311, 332.

except when evidence of fraud, 311, 332. See Consideration.
of satisfaction immaterial, 468. See Accord and Satisfaction.
ADMINISTRATION BOND.

assignable by order of court, 615.

ADMINISTRATOR. See Executor.

ADULTERY.

deprives wife of authority to bind husband for her maintenance, 245.
See Husband and Wife.

ADVERTISEMENT.

contract made by, offering reward, 13.

AGENT. See Principal and Agent.

to sign contract under Statute of Frauds, 150. See Frauds, Statute of.
contract induced by fraud of, 192. See Fraud.

right of, to commission upon revocation of agency, 34.

contracts of agency revoked by death, 288, 365, 643.
liability for acting without authority, 307.

damages caused by want of authority, 598.

AGREEMENT.

contracts arising from, 7.

evidence of, in law, 8.

as source of contract, 9.

in writing, 97. See Writing.

causes which vitiate, 168. See Mistake, Fraud, Duress.
ALIMONY.

rebats wife's authority to pledge husband's credit, 244.
unless it is not paid, 237, 245.

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ALTERATION-continued.

upon change of intention, 430.

to correct mistake, 430.

while instrument is incomplete, 432.

party producing instrument bound to explain, 433.
ALTERNATIVE PROMISES, 353.

right of election of alternative, 354.
election once made is irrevocable, 355.

notice of election a condition precedent, 356.
effect of impossibility of one alternative, 356.
AMBIGUITY.

latent and patent, 122, 179.

evidence admissible to explain latent, 122, 179.
not admissible to explain patent, 122, 179.
contract void for, 357.

APARTMENTS.

contract for, when within Statute of Frauds, 131.
APPRAISER.

unlicensed, cannot recover commission, 394.
APPRENTICE.

person enticing away, may be charged for services rendered by, 29.
what acts of master or apprentice are conditions precedent, 347.
contract of apprenticeship discharged by death, 642.

APPROPRIATION OF PAYMENTS.

right of debtor to appropriate payment, 491.

presumptive appropriation by debtor, 492.

right of creditor to appropriate, 494.

to what debts, 494.

when it arises and may be exercised, 496.

appropriation by law, 496.

to earlier debt, 497.

to legal debt, 497, 406.

by creditor only, does not defeat Statute of Limitation, 540.

APPROVAL.

contracts conditional upon approval, 335, 336.

approved bill, meaning of, 112.

ARBITRATION AND AWARD.

discharge of cause of action by, 514.

when award is performed, 515.

when it is unperformed, 515.

award conclusive as to rights referred, 515.

modes of enforcing award, 516.

pendency of arbitration, before award made, 516.
agreement to refer, 517.

does not oust jurisdiction of Court, 517.

specific performance of, refused, 518.

staying proceedings after, 518.

stipulation for, as condition precedent to claim for debt or damage, 518.

ARREST.

illegal, constitutes duress, 206. See Duress.

discharge from, when a valid consideration, 329.

forbearing to arrest body of deceased debtor not a valid consideration, 329.
set-off of debt after, 550.

ASSETS.

priority of judgment in administration of, 95.

of specialty debts, 86.

equitable assets, 86.

real estate made assets in equity for payment of debts, 87, 638.
ASSIGNEES. See Assignment.

rights of assignees to contracts of bankrupt, 644. Sce Bankruptcy.
payment to one of assignees, 486.

ASSIGNMENT.

contracts not assignable at common law, 601.
assignment of contracts in equity, 602.

specific performance in favour of assignee, C02.
assignee may sue in his own name, 602.
consideration necessary, 603.

form of assignment, 603.

order upon debtor to pay to another, 603.

notice of assignment, 603.

when debt remains in the order and disposition of the assignor, 604.
assignee takes subject to equities, 604.

equitable assignment recognised in law, 605.

is a valid consideration for a promise, 605.
assignor suing as trustee for assignee, 605.

in case of bankruptcy of assignor, 605.
rights of assignee protected at law, 606.

may be asserted in pleading upon equitable ground, 606.
assignment of debt by agreement of all parties, 607.
right of assignee under the new agreement, 608.

conditional assignment, 608.

consideration of new agreement, 609.

assignment of debt for money received, 609.

order upon debtor to pay to another, 609.

promise to pay assignee not within Statute of Frauds, 128, 610.

assignment of liability for debt, 610.

new debtor accepted in place of original one,

contracts assignable in law, 611.

bills of exchange, 611.

promissory notes, 612.

611.

title of indorsee not affected by equities, 612.

bills of lading, 612.

property assignable by, 613.

statute rendering contract assignable, 613.
title of indorsee, 614.

bail bonds assignable by statute, 614.

replevin bonds, 614.

administration bonds, 615.

assignment of contracts by marriage, 630. See Marriage.

assignment of contracts by death, 636.

See Death.

assignment of contracts by bankruptcy, 644. See Bankruptcy.

ASSUMPSIT.

action of, for breach of simple contract, 39.

formerly could not be joined with debt, 39.

is action upon the case within the Statute of Limitation, 521.
ATTESTATION.

of written instrument, 107.

proof of attested instrument, 107.

ATTORNEY. See Power of Attorney.

appointment of, by corporation, 255.

cannot bind partner by bill or note, 280.

when personally liable on undertakings for client, 292.

contract by, to share subject of suit, 386.

contracts restraining from practising, 390, 392.

unqualified, cannot recover for services, 395.

authority of, to receive payment, 489.

AUCTION.

of agent of attorney, 489.

bidding and acceptance at, 12.
revocation of bidding, 20.

statement of auctioneer varying conditions, 102, 104.

sale by, of land or goods, is within Statute of Frauds, 132, 139.

AUCTION-continued.

what a sufficient note within the Statute of Frauds of sale by, 143, 148.
auctioneer as agent to bind parties by signing contract, 151, 152, 153.
auctioneer's clerk as agent, 151, 152, 153.

mistakes in sales by auction, 169, 170, 171.

when principal or agent is liable on bidding, 296.
when auctioneer may sue or be sued, 296.

authority of auctioneer to receive payment, 490.

AUCTIONEER. See Auction.

AUTHORITY. See Principal and Agent.

AWARD. See Arbitration and Award.

BAIL.

whether indemnity given to, is within Statute of Frauds, 129.

bail bond assignable by statute, 614.

debt paid by, proveable in bankruptcy, 559.

BAILMENT.

contracts of, impliedly conditional upon continued existence of the thing
bailed, 365.

BANK OF ENGLAND.

privilege of, as to issuing bills and notes, 253.

power of attorney requiring notice to, of death of principal, 288.
tender may be made in notes of, 457.

BANKER.

liable at law to depositor as for money lent, 530.

trustee in equity for depositor, 4 7,530.

limitation of action for deposit, 530.

trust for depositor not affected by Statute of Limitation, 530.

liability for not paying customer's check, 568.

payment by notes of, 479.

where bank stops payment, 479.

tender by notes of, 457.

payment by placing to creditor's account at banker's, 482.

BANKING COMPANY.

public officer of, entitled to sue on covenant made with company, 225.
BANKRUPTCY. See Assignees.

discharge by, of debts proveable, 555.

plea of order of discharge, 556.

adjudication and proof alone no discharge, 556.

what claims proveable, 556.

debts contracted after act of bankruptcy, 557.

debts not payable until after act of bankruptcy, 557.

debts payable by instalments, 558.

annuities, 558.

policies of insurance, 559.

debts paid by surety or bail, 559.

debts payable upon contingency, 560.

liability to pay money on contingency, 560.

premiums on policy of insurance, 561.

unliquidated damages, 562.

right to prove debts not affected by Statutes of Limitation, 530.

assignment of contracts by, 644.

assignees entitled to rights of contract of bankrupt, 644.

to rights of action, 645.

except those for personal damage, 646.

executory contracts of bankrupt, 647.

assignees may complete and recover upon, 647.

or may refuse such contracts, 647.

contracts involving personal skill or qualities of bankrupt, 649.

contracts of bankrupt as trustee, 649.

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