AN INDEX TO THE PRINCIPAL MATTERS. ABATEMENT. 3. An affidavit to hold to bail, by 4. The Court refused to order the ALTERATION. See BANKER, 2. BILLS OF EXCHANGE, 2. PROMISSORY NOTES, 1. AMENDMENT. See FINES & RECOVERIES, 2, 8. AMENDS. See DISTRESS, 2. ANNUITY. 1. S., through his solicitor, applied might be divided into three annuities; three several sums were accordingly advanced by three persons in different proportions; the deeds were executed at the same time, when the consideration money for all three was paid by G. (who was also agent for the grantees), but who retained 8001. for his expenses. The Court ordered all the annuities to be set aside upon the terms of payment of principal and interest; although bank-notes for the 800l. which had been retained, formed part of the consideration money paid by one of the grantees only. Chappell v. Silverschildt, 113 2. An annuity of 101. granted by a son to his parents, in consideration of their relinquishing for his benefit a farm, together with the stock, &c. thereon, valued at 300/., does not require enrolment under the 53 Geo. 3, c. 141. Tetley v. Tetley, APPROPRIATION MENTS. 441 OF PAY of convicts on board a ship chartered for their conveyance to New South Wales, are not subject to general average. Brown v. Stapyleton, 334 AWARD. 1. By an order of Nisi Prius (made a rule of Court), a verdict was taken for the plaintiff, by consent, subject to a reference of all matters in difference between the parties; and if either of the parties should be dead before the making of the award, then the award was to be delivered to his personal representatives. The plaintiff died before the award was made, notwithstanding which, the arbitrator proceeded with the reference:-Held, that the authority of the arbitrator was not revoked by the death of the plaintiff. Clarke v. Crofts, BAIL. See PRACTICE, 6. REGULE GENERALES, 1. 349 and 2. A tradesman left with his wife certain blank checks signed by himself, directing her in his absence to have them filled up for such sums as the purposes of his business might require. The wife requiring 50l. 2s. 3d., desired one of her husband's clerks to fill up one of the checks for that sum. The clerk did so, was sent to get cash for it; but, before he presented the check, he altered it by inserting "Three hundred" before the "fifty," having previously left room for the interpolation, and obtained the additional sum and absconded:-Held, that the bankers, not being chargeable with any negligence, were not liable to make good the loss. Young v. Grote, 484 templation of bankruptcy, is purely a question for a Jury. Where a trader, upon investigation of his affairs in July, found that he could only pay 17s. in the pound; and was obliged to sell part of his property, to meet certain demands upon him: and, in September following, paid off a bond, and, in October, became bankrupt; but the bankrupt stated at the trial, that he did not contemplate becoming a bankrupt at the time he made this payment:-Held, that it was properly left to the Jury to say, whether this payment had been made in contemplation of an act of bankruptcy: but the Jury having, by their verdict, found that he did, at the time, contemplate bankruptcy, a new trial was granted, on payment of costs, on the ground that they had not, perhaps, taken all the circumstances of the case into consideration. Flook v. Jones, 96 3. In trespass by a trader, against whom a commission had issued, against his assignees, for entering his house, and he gave no notice to dispute the commission, which was put in evidence by the defendants, together with the proceedings under it, and a perfect petitioning creditor's debt did not appear upon the face of the proceedings:-Held, that, nevertheless, the validity of the commission could not be disputed by the plaintiff, as, by the statute 6 Geo. 4, c. 16, s. 90, the petitioning creditor's debt may be proved by the production of the commission alone, unless notice of disputing it be given. M'Beath v. Cooke, 122 4. The owner of a ship mortgaged her by bill of sale, whilst at sea. The agents of the mortgagee took possession of her on her homeward voyage, and before she arrived in port; they afterwards received sums on account of freight, and paid seamen's wages and port-charges, amounting to a larger sum than the freight received. The mortgagor became bankrupt:-Held, that his assignees could not sue the agents of the mortgagee for money had and received by them for freight, as, by the mortgage of the ship, freight accruing due passed to the mortgagee as incident to the ship; and that he had a right to set off the charges made on ac count of the ship against the sums received by his agents on account of freight. Dean v. M'Ghie, 185 5. The defendant obtained a verdict against the plaintiff at the Sittings after Trinity Term. Shortly afterwards, a commission of bankrupt issued against the plaintiff, under which he obtained his certificate, on the 9th Nov. Final judgment was signed on the 14th Nov.:-Held, that the costs were not a debt proveable under the commission, and therefore that the plaintiff was liable to an execution for such costs, notwithstanding his certificate. Birèv. Moreau, 226 6. The 6 Geo. 4, c. 16, s. 131, provides that no bankrupt, after the allowance of his certificate, shall be liable to pay any debt barred by such certificate, upon any promise made after the suing out of such commission, unless such promise be in writing, signed by the bankrupt, or by some person authorized in writing by him:-Held, that a promise in the hand-writing of the bankrupt, but bearing no signature, was not sufficient to take a case out of the statute. Hubert v. Moreau, 216 7. Under a joint commission against two partners, the assignees may declare in the same action for separate as well as joint debts due to the bankrupts. Graham v. Mulcaster, 327 8. A commission of bankrupt sued out after the 6 Geo. 4, c. 16, came into operation, upon an act of bankruptcy committed before:-Held, invalid. Maggs v. Hunt, 357 9. L. was possessed of the lease of a public house, which was deposited with the defendants as a security for 1,2751. 14s. 7d. due to them from L. T., having a sum of 650l. in the hands of the defendants, agreed with L. to purchase his lease, &c., for 1,690l. 3s. 11d.; but he not having sufficient to complete the purchase, the defendants consented to advance the sum required, retaining the lease as security. L., T., and one D., a clerk of the defendants, met to effect the transfer, when T. drew a draft on the defendants in favour of L. for 1,690l. 3s. 11d.; which was handed over to D., who, on L.'s executing the transfer to T., gave him a draft I on the defendants for 4147. 8s. 6d., the difference between the amount of their debt and that of the purchasemoney. L. had committed an act of bankruptcy, and the defendants received notice from a creditor, not to pay the draft, as a docket would be struck against him. The defendants refused to pay the draft when presented, but they afterwards paid it under an indemnity:-Held, that the assignees of L. might recover the amount from the defendants in an action for money had and received; and that the defendants had sufficient notice of the bankruptcy of L. Spratt v: Hobhouse, 395 2. An alteration in the date of a bill of exchange, with the assent of the acceptor, before its negotiation by the drawer, is not such a re-issuing of the bill as to render a new stamp necessary. Leykariff v. Ashford, 281 3. In a declaration on a bill of exchange accepted at J. S.'s., an averment of presentment" at the house of J.S." is sufficient, without alleging a presentment to J. S. Hawkey v. Borwick, 478 4. Where a bill of exchange unindorsed has been lost by the drawer, he may recover against the acceptor in respect of the consideration. Rolt v. Watson, BILL OF SALE. See BANKRUPT, 4. BROKER. 510 |