BANKRUPTCY-continued.

debts assigned by him before bankruptcy, 649.
debts in the order and disposition of the bankrupt, 650.
contracts made after bankruptcy, 650.

right of uncertificated bankrupt upon, 651.

choses in action of bankrupt's wife, 635.

assignees must join wife in suing, 635.

wife's right by survivorship, 635.

bankruptcy of husband discharges debts of wife, 635.

BARRISTER.

claim for services of, will not support account stated, 71.
BETTING. See Wagering Contract.

BEYOND SEAS.

debtor not bound to seek creditor beyond seas, 448, 450.

except under foreign contract, 450.

definition of term, within Statutes of Limitation, 524.

exemption of plaintiff, from Statutes of Limitation taken away, 524.
exemption of defendant, 525.

debtor may plead the statute, although co-debtor beyond seas, 526.

debtor beyond seas not discharged by judgment against co-debtor, 526.
BILLS OF EXCHANGE AND PROMISSORY NOTES.

parties necessary in, 210.

making of, by agent, 293.

when agent personally liable, 293, 294.

signing per proc.' 294, 298.

when principal liable, 294, 298.

consideration of, need not be expressed, 311.

need not be alleged or proved, 311.

onus probandi lies on party denying, 311.

admission of evidence to vary the contracts arising upon, 105.

agreements in writing qualifying, 105.
evidence of consideration, 106.

of want of consideration, 106.

of failure of consideration, 106.

effect of, as account stated, 69, 70.
assignment of, 611.

bills payable to order, 611.
bills payable to bearer, 611.

promissory notes, 611.

title of assignee, when affected by equities, 612.

assignment without indorsement of instrument payable to order,605,612

notice of indorsement not necessary, 340.

notice of dishonour, when necessary, 340.

may be drawn payable upon condition of a certain event, 334.

not of an uncertain event, 334.

conditional acceptance, 334.

conditional indorsement, 334.

time of payment, by acceptor, 440, 441.

by drawer or indorser, 441.

where no time expressed, 443.

usances as to days of grace, 116, 441.

place of payment of, 450.

tender of payment of, 454.

payment made in purchase of, 488.

discharge of, by parol waiver, 418, 499.

loss of bill or note, 434.

loser may recover, on giving indemnity, 434.

alteration in bill or note, 426.

when Statute of Limitation runs against, 527.
interest recoverable on, 585.

when drawn payable with interest, 585.

BILLS OF EXCHANGE AND PROMISSORY NOTES-continued.
when payable on demand, 585.

bill or note taken on account of debt, 476.

in satisfaction of debt, 477.

where debtor primarily liable on the instrument, 478.
where debtor secondarily liable, 478.

where debtor not a party to the instrument, 480.
loss of bill or note taken for debt, 480.

bill or note taken for specialty debt, 481.

tender of payment in bills or notes, 457.
authority of partner to bind partners by, 280.
exercised in fraud of the partnership, 282.
when company authorized to make, 252.

under the Companies Act, 1862, 253.
railway company not authorized, 259.

bills given for money won by wagering, 378.
for money won by gaming, 378.

bills tainted with fraud or illegality in their inception, 282, 378.
require proof of consideration by holder, 311.

BILL OF LADING, 612.

transfers property in the goods, 613.

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

contract implied from accepting goods under, 613.
BOARD AND LODGING.

agreement for, not within Statute of Frauds, 132.

BOND.

single bond, 82.

bond with condition, 82.

common money bond, 82.

bond with special condition, 82.

relief against penalty in money bonds, 82, 575.
plea of payment post diem, 83, 575.

payment into Court of sum due, 83, 575.
tender post diem may be refused, 454.

relief on bonds with special conditions, 83, 575.

breaches must be assigned or suggested, 576.

damages for breaches proved only recoverable, 576.

judgment as security for further breach, 576.

damages not recoverable beyond the penalty, 577.

interest on, when recoverable, 586.

BOUGHT AND SOLD NOTES. See Broker.

BREACH OF CONTRACT, 460.

acts equivalent to breach, 460.

promiser disabling himself from performance, 460.
promiser refusing to perform, 462.

refusal not accepted as a breach, 463.

may be retracted before acceptance, 464.
waives conditions precedent, 464.

right of action for breach, how discharged, 465.

BROKER.

authority of, 275.

how differs from factor, 275.

duty of, to enter contract in book, 275.

bought and sold notes of, 275.

when evidence of contract, 275, 276.

effect of variance between, 15, 276.

as note of sale within Statute of Frauds, 146, 276.

authority of broker to sign within the statute, 151, 276.

when personally liable or entitled on contract, 292, 295. See Principal and

agent.

BROKER-continued.

authority of, to receive payment, 488.

unlicensed, cannot recover commission, 394.

right of, to recover money paid in course of employment, 41.
authority of, on Stock Exchange, 272.

whether consignor or consignee the proper party to sue the carrier, 163, 296.
not agent of buyer to accept goods within Statute of Frauds, 155.
insures the goods carried, 358.

exceptions to insurance, 358, 366.

bound to carry and deliver within reasonable time, 443.
damages recoverable for not delivering goods, 571.

for not carrying passenger, 571.

excessive charges by, recoverable as debt, 53, 56.
interest may be claimed upon, 588.

CAVEAT EMPTOR.

application of maxim, 198.

CHAMPERTY, 385. See Maintenance.

CHARTERPARTY.

time of sailing in, when a condition precedent, 342.

representations in, as to quality and position of ship, when conditions pre-

cedent, 342.

exceptive clauses in, 366, 368.

CHECK.

payment by, 476, 478, 482.

tender by, 457.

presentment of, 479.

liability of banker for refusing, 568.

CHOSE IN ACTION.

division of personal property into choses in possession and choses in action, 6.
not assignable at law, 601.

assignment of, in equity, 601. See Assignment.

assignment of, is valid consideration for promise, 326, 605.
forbearance by assignee of, is valid consideration, 326, 605.

effect of marriage upon chose in action of wife, 630.

reduction into possession by husband, 633. See Marriage.

COGNOVIT.

authority in, to sign judgment, 90.

may be subject to conditions, 90.

between debtor and creditors, 403.

agreements with one of creditors for preference, 403.

bill or note given to creditor for balance of his debt, 403.
security of third party given for balance, 403.

stipulation for further security for the composition, 404.
creditor stipulating for preference cannot recover composition, 404.
creditor reserving debts cannot recover, 404.

debtor giving preference cannot support the composition, 404, 409.
money paid to induce creditor to sign, 404, 408.

in discharge of bills given for that purpose, 404, 408.

payment of composition discharges debt, 474.

agreement for composition accepted in satisfaction, 468.

COMPOUNDING OFFENCES.

contracts for, illegal, 383.

compounding misdemeanour, 383.

petition for bribery, 384.

indictment for nuisance, 384.

money paid to compound qui tam action recoverable, 67, 408.
CONCEALMENT.

as ground of fraud, 183.

selling chattel with latent defect, 185.

duty of purchaser to inform vendor, 186.

in contracts of insurance, 199.

in contracts of guarantee, 202.

CONDITION.

conditional promise, 333. See Promise.

condition precedent, 333.

condition subsequent, 333.

construction of contracts as to conditions precedent, 341.

performance of conditions precedent, 350.

partial performance of, 350.

excuses of performance of, 351.

in contract under seal, cannot be discharged by parol, 419.

condition of bond, 82.

bills of exchange drawn or accepted upon, 334.
conditional tender, 458.

CONDITION-continued.

conditional payment, 476.

conditional release, 499.

contracts stipulating for arbitration as condition of claim to debt or da-

mages, 518.

CONSIDERATION.

executed and executory, 10, 313.

contracts arising upon executed considerations, 23.

upon consideration executed upon request, 24.
implied request, 23, 26.

upon acceptance of executed consideration, 26.

from assent to performance of consideration, 27.

when executed consideration will not create contract, 28.

consideration executed without consent of party charged, 28.
consideration obtained by wrong or fraud, 29.

by fraudulent contract, 30.

upon part performance of executory consideration, 31.
where default in completion caused by promiser, 31.
where default in completion caused by promisee, 33.
where part performance provided against in contract, 34.
where contract rescinded by agreement, 36.

upon complete performance of executory consideration, 36.
promise implied in contracts upon executed considerations, 37.
quantum meruit, 38.

quantum valebat, 38.

necessary in simple contracts, 310.

in bills and notes, need not be expressed, 311,

need not be alleged or proved, 311.

onus probandi lies on party denying, 311.

evidence admissible as to, 106.

need not appear in written guarantee within Statute of Frauds,

121, 130, 145.

not necessary in contracts under seal, 84, 121, 130, 145.

gratuitous promises, when binding, 10, 84, 310.

adequacy of, immaterial, 311.

good and valuable, 312.

consideration must move from the plaintiff, 313.

past matter insufficient, 314.

previous moral obligation insufficient, 315.

previous legal obligation insufficient, 318.

impossible, 321, 375. See Impossible Contracts.
impossible at time of contracting, 359, 375.
becoming subsequently impossible, 375.
legally impossible, 359.

illegal, 322, 405. See Illegal Contracts.

consideration partly void or illegal, 322, 409.

failure of consideration, 323.

where performance of consideration a condition precedent, 323.
money paid for consideration which fails, 60, 323.

partial failure, 62.