HUSBAND AND WIFE-continued. authority in law to bind husband for necessary maintenance, 243. when it arises, 244. cannot be revoked, 244. where wife supplied with funds, 244. adultery of wife, 245. no presumption in favour of, 245. what are necessaries for wife, 246. ratification by husband of contracts of wife, 246. by sanctioning the use of things bought on his credit, 247. conditional ratification, 247. wife not agent of husband to receive payment of debt, 488. Statutes of Limitation do not run against action accruing to married woman, 524. assignment of contracts by marriage, 630. See Marriage. ILLEGAL COntract. illegality in matter or purpose of contract, 376. by the common law, 376. by statute, 376. statutes imposing penalties, 376. wagering contracts, 377. sale of public offices, 381. compounding offences, 383. maintenance and champerty, 385. contracts in restraint of trade, 387. contracts infringing laws of trade, 392. trading with enemy, 395. contracts in restraint of marriage, 398. immoral contracts, 399. contracts made for illegal purpose, 400. participation in the illegal purpose, 400. effect of illegality in avoiding contract, 405. evidence admissible to show illegality, 123, 405. effect of illegality after execution of the contract, 405. money paid as consideration of illegal contract, when recoverable, 61, 40 7. except by party not in pari delicto, 407. effect of illegality in part of consideration, 409. in part of promise, 410. effect of illegality arising subsequently to the contract, 411. contracts for illicit cohabitation, 399. contracts in aid of immoral purposes, 401. IMPLIED CONTRACT, 11. distinction between implication of law and of fact, 12. contract implied from consideration executed upon request, 24. from part performed consideration, 31. from complete performance, 36. when request to perform consideration implied in law, 23. IMPOSSIBLE CONTRACTS. impossibility of performing contract, 356. practical impossibility, 357. impossibility at time of contracting, 358. where matter legally impossible, 359. unknown to the parties, 360. contracts conditional upon supposed possibility, 360. impossibility subsequent to contracting, 361. contracts conditional upon continued possibility, 364. impossibility relative to the promiser, 368. undertaking for act of third party, 369. impossibility of one of alternative promises, 371. subsequent impossibility of alternative promise, 371. consideration of contract impossible of performance, 375. illegal, constitutes duress, 206. See Duress. need not be indented, 81. deed inter partes, 81. impliedly excludes other parties, 223. statute giving benefit of covenant to person not named as party, 225. of bill of exchange, 611. See Assignment, Bill of Exchange. of bill of lading, 614. See Assignment. notice of, to acceptor or maker of bill or note not necessary, 340. indorser entitled to notice of dishonour, 340. INFANT. liability of, on contract, 226. plea of infancy, 226. for wrongs, 226. for money received, 226. on contract induced by fraudulent representation of full age, 227. as holder of shares in company, 227. money paid by infant under contract when recoverable, 228. must be in writing, 229. what sufficient, 230. of liability incident to property, 230. limited and conditional ratification, 231. right of infant on contract, 231. specific performance not granted to, 231. contracts of, for necessaries, 232. what are necessaries, 232. necessaries for wife and family, 233. securities given for necessaries, 234. Statutes of Limitation do not run against action accruing to infant, 524. INSANITY. contracts with persons in state of, 247. capacity of contracting presumed, 247. contracts made with insane person, with notice of insanity, 247. when ground for avoiding contract, 248. Statutes of Limitation do not run against action accruing to insane INSTALMENTS. debt payable by, the whole to be recoverable on default, 527, 580. Statute of Limitation begins to run from default, 527. INSURANCE. marine, is conditional upon truth of representations as to the risk, 199. on life, not avoided by misrepresentation without fraud, 200. when expressly made upon basis of declaration, 201. policies expressly made indisputable exeept for fraud, 201. on life of another, how far affected by his statements, 202. against fire is conditional upon the truth of the description of the pro- conditions as to alteration, 202. duty of insured to disclose material facts, 202. valued policies, 379, 582. insurable interest in life, 380. insuring ship or goods of enemy, illegal, 395. amount recoverable under several insurances of same interest, 381. interest recoverable under policy, 584. effect of adjustment of loss, as admission, 548. claim on policy proveable in bankruptcy, 559. covenant to insure must be performed strictly, 435. INTENTION. evidence of, 8. unexpressed or not communicated, immaterial, 8. consideration the test of binding intention, 10, 84, 310. agreement with intention to reduce it into writing, 98. signing writing without intention to contract, 107. representation as to intention, not ground of fraud, 182. when binding in equity, 131, 183. fraudulent intention, 186. See Fraud. giving notice of intention to break contract, 462. See Breach of Contract. INTEREST-continued. on contracts to give bills or notes, 585. on bonds, 586. on mortgages, 586. recoverable by usual course of dealing, 587. where usual to charge compound interest, 587. when in nature of debt or damages, 587. interest under the statute, 587. must be assessed as damages, 587. what cases within the statute, 588. incapacity caused by, 249. when ground for avoiding contract, 249. relief in equity against contracts made during, 249. liability for necessaries supplied during, 249. I. O. U. effect of, as account stated, 70, 71. JOINT PARTIES, 212. See Parties. judgment against one of joint debtors bars action against the others, 509. Statutes of Limitation runs in favour of joint debtor, although others renewal of debt by one of joint creditors, 543. See Limitation. payment to one of joint creditors, 486. by one of joint debtors, 487. See Payment. set-off of joint and several debts, 550. See Set-off. release of one of joint debtors, 500. reserving remedy against others, 501. release by one of joint creditors, 502. in fraud of others, 502. See Release. joint authority, how exercised, 284. See Principal and Agent. JUDGMENT. record of, 89. debt created by, 89. warrant of attorney to enter, 89. cognovit actionem, 90. execution on, 91. action on, 91. costs in action on, 92. interest recoverable on, 588. effect of, against defendant, in merger of cause of action, 92, 508. against one of joint debtors bars action against the others, 509, 526. unless the others are beyond seas, 510, 526. against one of joint wrongdoers, 509. effect of, against plaintiff, in estoppel, 93, 510. effect of, in charging land, 93. registration of, 93. revival of, against heir, 94. priority of, in administration of assets, 95. foreign judgment against defendant, 73, 514. against plaintiff, 414. See Foreign Judgment. LAND. See Sale of Land. contract or sale of interest in, within the Statute of Frauds, 131. to lay out money in improvement, 131. emblements and produce of land, 133, 138. license to enter land, 134, 135, 162. See License. effect of judgment in charging land, 93. remedy for specialty debt against land, 86, 637. See Heir and Devisee. covenants running with land, 615. See Covenant. LANDLORD AND TENANT. See Lease. LEASE. extrinsic evidence not admissible to vary written lease, 101. when old or new style used in, 104. when lease subject to custom of the country, 115. farming lease with penalty for carrying off manure, ploughing meadow, and the like, 574, 582. tenancy from year to year determinable by notice to quit, 421. proviso rendering lease void or voidable, 423. time and place for payment of rent reserved, 449. breach of condition in non-payment of rent, 449. covenants running with the term, 617, 620. what covenants will run with the land, 620. relief against forfeiture for breach of, 435. covenants to repair, 343. condition precedent that lessor find material or put in repair, 343. covenant to build on demised premises does not run with the land, 619. run with the land, 621. lessee estopped from denying reversion in lessor, 623. lessee bound by custom to pay expenses of lease, 42. infant lessee, liability of, for rent and covenants, 227, 229, 230. infant lessor, how far bound, 230. by tenants in common jointly, right to sue on covenants, 220, 627. by tenants in common severally, 618. by joint tenants, 618. contract contained in, 13. offer of contract by, 18. acceptance by, 18. when sufficient note of contract within Statute of Frauds, 141, 142. LICENSE. to enter land, 134. not an interest in land within Statute of Frauds, 134. contract within the Statute available to prove license, 162. coupled with grant, irrevocable, 134. parol license does not excuse breach of covenant, 418. |