...id

rules of the common law. Hough- | 16. The plaintiff shows a sufficient
ton v. Dodge et al.,

..326

title to the note to maintain an ac-

tion on it, although he bought it by
12. Where the evidence as to the dili giving his own note for it, and, be-
gence of a Notary to find the makers

fore the second trial of the action,
of a note in order to demand its

took up his own note by assigning
payment at maturity from them a judgment recovered in the action
personally, is free from conflict, the

itself on a former trial of it, (which
question of its sufficiency to estab-

judgment was reversed and a new
lish due diligence in that behalf is

trial ordered,) and notwithstanding
one of law. Adams v. Leland et

his vendors of the note and his as-
al.,

411

signees of such judgment are the

persons to whom the note was ori-
13. The evidence given on the trial of

ginally given.....
this action, to establish due diligence
stated, considered and held "suffi- 17. A Mutual Insurance Company, for
cient to make a prima facie case of

the purpose of increasing its availa-
due diligence...

.id

ble means, took up a subscription
by which its friends agreed to give

BA

INDEX.

others subscribed in advance of pre-i sequently given his notes for the
miums to be earned by an Insurance amount subscribed, he cannot prove it? %.
Company, upon condition that the as a defense that the persons who
subscription should not be binding solicited the subscriptions verbally.
until the sum of $300,000 was promised some of the subscribers
subscribed, and that the note in suit that they should not be bound
was afterwards given for his sub thereby to give their notes, or that
scription by the defendant, induced they should have the privilege of
by a false and fraudulent represen substituting other notes, or other
tation that the whole amount had similar parol promise. (Slosson, J.,
been subscribed, the burden is upon dissented.) ..
the defendant of showing that such
subscription had not been made. 24. Whether, if proof of such parol pro-
The New York Exchange Company mise were otherwise admissible in
v. De Wolf,

.....593 the face of the written subscription,

the defendant could give such evi-
20. In such case, where the defendant, dence under an answer, which

produces several of the original sub alleged no such facts, but only that
scription books, and the proof is the requisite amount had not been
clear that one book used in taking subscribed. Qucere? ...........id
subscriptions is not produced, and
other proof shows that, according to Vide Bills OF EXCHANGE.
computations made at the time, a

CORPORATION.
greater sum than $300,000 had been

INSURANCE COMPANY.
subscribed, it is not error to charge

MONEYED CORPORATION.
the jury that there is no sufficient

HUSBAND AND WIFE.
proof that the subscription was
not made up, to the required
amount. ..........
......... id

PURCHASER.
21. Where the resolution of the Insu-

rance Company, under which the
subscription was taken, expressly

1. Of Chattels.
includes in the $300,000 a previous
subscription of $40,000, made, but 1. One who buys from a tortious or
not paid in, and the agreement, felonious possessor acquires no title
signed by the defendant, refers to though he acts in good faith, and
such resolution, that is notice to the pays value therefor. Anderson et al.
defendant of its contents, and it v. Nicholas, .................121
is no defense that $300,000 was
not subscribed after the resolution 2. Purchaser is bound to accept goods
was passed, and that the $40,000 on tender, or will be liable for the
are necessary to make up the expenses of storage, &c., during the
amount. ......

......id

period of delay. Dibble et al. v.

Corbett et al, ................202
22. Where some of the subscriptions

were by other Insurance Companies
the Court cannot, without the pro-

2. Of Land.
duction of their charters, pronounce
such subscriptions unauthorized and 3. Where a deed absolute in form
void.........................id given and intended as a mortgage

is recorded as a deed, (the writing
23. The agreement for the subscrip of defeasance being a separate in-

tion being in writing, whereby the strument and not recorded,) a bona
subscribers promise to advance their fide purchaser from the grantee,
notes, and the defendant having sub- without notice of the defeasance,