Page

745, note (u).-For "Deare" read "Deere.”

759, note (b).—For "6 B. & C. 42" read "6 B. & C. 541;" and see ante, 120, 122, and addenda to those pages.

780, line 12.-Add "And the court will not set aside a plea of release given by one of several plaintiffs, unless a clear case of fraud is made out between the releasor and the defendant; fraud committed upon the releasor is not a ground for setting aside the plea, since that may be replied; Wild and Baugh v. Williams and another, 6 M. & W. 490."

800.-"I am instructed by the defendant to say, that 157. is more than is due, but that you may have it;" is a good tender, the money being produced; Thorpe v. Burgess, 8 Dowl. 603.

855, line 25.—And even if plaintiff reply to a plea of set-off "that he was not nor is indebted to the defendant, &c.” he cannot show that the debt claimed to be set off has been paid; he must reply payment, or that he "was not at the time of the commencement of this suit nor is indebted," &c.; Jackson v. Robinson, 8 Dowl. 622; sed quare.

INDEX.

ABATEMENT, a bankrupt co-debtor need not be made a defendant, 860, 861.
nor a co-debtor out of the jurisdiction of the court, 3 & 4 Will. 4, c. 42, s. 8.
or one discharged by statute of limitations, 820.

plea in, of another action pending, 786.
judgment of non-pros, not pleadable in, 789.

ACCEPTANCE of goods to pass interest, 390, &c.

ACCEPTOR OF BILL, plea of tender by, when bad, 728, 797, 803.
of bill payable at bankers not entitled to notice, 733.

implied indemnity in cases of accommodation bill, 505.

ACCIDENT, in general, in a case of absolute engagement, no excuse that un-
avoidable accident prevented it, &c. 735, 736.

absolute engagement to deliver goods, no excuse accident prevented deli-
very, 445, 735, 736.

death when excuses, &c. 736, note (i).

loss by, in case of bailees, 471, 472.

hirer of horse undertakes "to re-deliver on request," effect of death of
horse, 736, note (i).

in case of carriers-(See Carriers), 483.

accidental fire destroying materials, &c., whether discharges claim of work-
men, 570, 571.

covenant to work pit unless prevented "by unavoidable accident," &c. 736.
ACCOMMODATION BILLS, implied indemnity in cases of, 505.

ACCORD AND SATISFACTION, parol evidence of substituted agreement
by way of, admissible, 109.

accord with satisfaction, a defence, 760.

should be now pleaded specially by rules of Hilary term, 1834, as a matter
in confession and avoidance, id.

accord without satisfaction in general no bar, so if agreement to receive it

be not binding on debtor, 761, 762.

before breach an accord with mutual binding promises to perform, bars a
claim for debt without performance and instances, 762.

new agreement suspending remedy, id.

the like under judge's order, 763.

assignment of property as collateral security no bar, id.

taking bond or other specialty a bar, id

taking bill of exchange on account-(See Bill of Exchange), 763, 766.
satisfaction should be advantageous; part payment, 747, 748, 763, 685.
taking chattels in satisfaction, 764.

mere restoration of goods or agreement to release, id.

by transfer of debt and substitution of new debtor, 613, 614, 751, 764.
change of firm, creditor allowing debt to be transferred against new firm, 764.
release of equity of redemption in satisfaction, id.

of bills not due, and money in satisfaction of residue, 765.

void bills of sale in satisfaction, id.

taking money out of court whether bars further claim, &c. 765

accord and satisfaction after writ, id.

payment by one of several obligors no answer to action against others, 748.
by one defendant, or by stranger, 766.

ACCOUNT STATED, liability of lunatic on, 140.

form of the count and nature thereof; admission of debt, 648.
proof of, admission to agent, to stranger, by wife, 649.

must have been some prior transactions between the parties, 648.

need not be reciprocal or cross accounts, 649.

or more than a single transaction to which account or admission of debt
refers, id.

I. O. U. evidence of, id.

mere offer, &c. not enough, id. and note(i), 650.

admission of, though cause of action postponed, 650.

entries in book, when, id.

entry in bankrupt's examination, id.

bankers' pass-books, when, id.

must be stated before action brought, id.
admission must be unqualified, &c. 653.

court to decide what is an account stated, id. note (b).

jurisdiction of county court in case of, 654, note (ƒ).

admission of holder of bill of debt thereon, but not admitting holder's title,
650, 651.

admission to executor as such, 651.

to assignees of bankrupt under compulsory examination, 652.

as to necessity of showing an admission of a debt of a certain or specific
amount, 652 to 654.

statement of account by husband as to debt from wife before bankruptcy,
who to be sued, 653.

when partner may sue co-partner on, 238, 239, 653, 654, 885; Wray v.
Milestone, 5 M. & W. 21.

what a sufficient account stated, though claim not recoverable, as not being
in writing under Statute of Frauds, 654.

when account admits title of plaintiff on sale of fixtures as renter of
tolls, &c. id.

account not conclusive; showing mistake, &c. 655.

particulars of demand on account stated referring to unstamped memoran-
dum, 656.

I. O. U. or account, when need not be stamped, id. 758 to 760.

statute of limitations in case of, 807, 808.

ACKNOWLEDGMENT to take a case out of the statute of limitations-
(See Limitations), 211, note (g).

signature of agent insufficient, id.

of debts or items in an account stated, &c. or of receipt of bills, &c.,
stamp, &c. 120, 121, 758, note (y), 759, 760.

ACTIO PERSONALIS MORITUR CUM PERSONA, doctrine of, altered
by 3 & 4 Will. 4, c. 42 . . 98.

ADJUDICATION under Insolvent Act, 201.-(See Insolvent Debtor).

effect of, 203.

ADMINISTRATOR.-(See Executors and Administrators).

ADMISSION of partnership, 243.

of retaining legacy, executor personally liable, 271, 272.

part payment of legacy no admission of assets to pay residue, 271, note (u).
ADULTERY of wife, effect as to husband's liability on her contracts, 176, 177,
162. (See Husband and Wife).

an illegal consideration, contract inducing it bad, 661, 663.

ADVERTISEMENTS.-(See Reward).

AFFIRMANCE of fraudulent contract, what, 408, 409.

AFTER-ACQUIRED PROPERTY, right of creditors of insolvent to, 204, 205.
AGENT. (See Broker, Principal and Agent).

taking horse without warranty, principal not liable if unsound, 11, 12.

AGENT-continued.

agent for the sale of goods under 6 Geo. 4 .. 222.
government agent, contracts with, 278 to 280.

AGREEMENT.-(See Contracts).
meaning of term, 2.

assent of parties to, 9, 10.

reciprocity essential to validity of, 16.

what constitutes an agreement, 65 to 74.

when should be in writing, 66.

must contain names of contracting parties, id.
operation of statute against frauds as to, 66 to 68.

form of, 70, 71.

signature to, 71.

certainty requisite in, 73.

construction of, 74 to 99.

implied attributes of, 98, 99.

parol evidence in contradiction of written agreement, 99 to 113.
stamp on, 114 to 133.

not revoked by death, 98.

vacation of, from errors in particulars of sale, 295 to 299.
ALIENS, contracts with them; alien enemy, alien ami, 181, 182.

Englishmen abroad contracting, 182.

lease to alien, id. note (d).

forfeiture to crown, id. note (f).

liability of alien's wife resident here, 179, 180.

cannot purchase land, 294.

ALTERATION OF AGREEMENT, &c. of a written contract, its effect as
to discharging party and stamp; by whom and whether in material or unim-
portant part, 784 to 786.

of a bill of exchange, 786, 772, note (m).

alteration of terms of performing an agreement, when discharges surety,
530, 531.

altering a written agreement by parol—(See Evidence), 881.

altering terms of performance by parol, 111, 777, 778.

ALTERNATIVE CONTRACT, how to be performed; election as to perform-
ance, 729, 730.

AMBIGUITY in contract, parol evidence to explain, 104 to 106.

ANCIENT LIGHTS, no defence to obstruction of, that plaintiff reversioner,
787, note (u).

ANNUITY, sale of, &c. to be in writing, &c. 72.

covenant to pay to third person and indemnify plaintiff, construction of, 89.
use and occupation, action for, by grantee of annuity, 372.

money had and received to recover back purchase-money on annuity being
set aside, 625, 626.

charge on benefices to secure annuity, 725, 726.

charges on lands, limitation of action and distress, 3 & 4 Will. 4, c. 27..8,
note (g).

infant party to, co-grantor not thereby discharged, 156.

sale of, when not usurious, 704, 711.

ANOTHER ACTION PENDING. It is a good plea in abatement that a
former suit for the same debt is still pending, 786, 787.

judgment recovered in former action may be pleaded in bar-(See Judgment
recovered), 787.

APARTMENTS, demise of, tenant impliedly a right to knocker, &c. 318.
liability of infants for, 144.

notices to quit, 349.

APOTHECARY.-(See Chemist, Druggist, Surgeon, Physician).

statutable qualification of apothecaries in order to recover their bills, 519
to 551, and notes.

proof of qualification, 549, 550, notes (d) and (e).

action for penalty; duty, &c. as to making up prescriptions; cannot without
qualification advise and sell medicines recommended by themselves,
though they do not make up prescriptions, 550.

bill of exchange for their charges, id.

acting as physicians cannot sue, id.

may charge for medicines and attendances, 551.
liability for carelessness, &c. 553, 554.

his unskilfulness an answer to his claim, id.

surgeon not apothecary cannot act as, when, 552.
APOTHECARIES' ACT, bond in contravention of, void, 679.
APPOINTMENT OF AGENT.-(See Broker, Principal and Agent).
need not in general be in writing, 210.

revocation of, 214.

APPORTIONMENT, in general no apportionment of entire contract, 736.
exception where party accepts partial benefit, &c.—(See Rescinding—
Damages), 446, 568, 569, 737.

of servant's wages, if turned away, or on death, &c. 580, and note (r).
seaman's wages in such case, 736, 737.

of freight where voyage is incomplete, 737.

of rent on eviction, 328, 329, 371, 888.

or if surrender in middle of quarter, 737.

of attorney's bill in case of his neglect, &c. 559, 562, 563.

APPRENTICE, person seducing, impliedly liable to master for work of appren-
tice, 23.

infant not liable on covenant in indenture of, 143.
master bound to provide medical assistance for, 581.

APPROPRIATION of goods on sale equivalent to delivery, 375.

of payments where several accounts and the payment is general, or in case
of change of partner, &c.—(See Payment), 752 to 758.

ARBITRAMENT AND AWARD, mutual agreement to submit to arbitra-
tion good consideration, 16, 44.

submission by one partner, 253.

mere agreement to refer dispute no defence to action, 792.

where action for unliquidated damages it is a good plea (to be specially
pleaded) that the parties had referred the matter to arbitrators, who made
an award without showing performance; aliter if only a debt referred
and amount only ascertained and awarded, 790 to 793.

in case of reference party must then bring forward all his complaints, 792.
ARBITRATORS cannot buy land in dispute, 294, 295.

their claim to remuneration, 554.

not liable to third party for money received by them as such, 611.

ARCHITECTS-(See Surveyors), 22, 23.

ARREST not allowed for goods not delivered, 349, note (n).

may arrest here though debt incurred abroad where arrest not allowed, 95.
of surety on debtor's default, 527.

ARTIFICER, his lien for work done, 545, 546.

ASSAULT, liability of husband for wife's expenses on indicting him for, 175.
ASSENT TO AGREEMENT-(See Contracts), 9, 27.

distinction between express or implied, 19.

ASSETS. (See Executors and Administrators).

executor having assets impliedly liable (personally) for funeral expenses, 273.