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rying away furze, the defendant pleaded the general issue, and several special pleas, in which he claimed a right to estovers from a common:— Held, that, under the general issue, he might give evidence of an exclusive right of possession:-Held, also, that persons who had a right of common were competent witnesses for the defendant, to prove that he was entitled to the exclusive possession of the land from which the furze was taken by the plaintiff. Pearce v. Lodge, 50

2. In an action of assumpsit, for goods sold and delivered, it appeared that the goods were sold by the plain tiff to A., who gave promissory notes for their value, which were dishonoured, and A. afterwards became insolvent; it appeared also, that A. was in partnership with the defendants, and it was proposed to call him as a witness for the plaintiff, but his evidence was objected to by the defendants, without a release from them, and was rejected:-Held, that A.'s evidence was properly rejected, on the ground of his being interested in procuring a verdict against the defendants, as in that case he would only be liable for a proportion of the debt. Ripley v. Thompson,

55

3. Where scientific men are called as witnesses, they are not entitled to give their opinions as to the merits of the case, but only as to the facts as proved at the trial. Jameson v. Drinkald,

148

4. Upon an exception taken in a bill of exceptions, in which the whole evidence was set out, that the evidence for the defendant was sufficient to entitle him to a verdict, and to bar the plaintiff's claim, a Court of error may look to the whole evidence on both sides, for the purpose of ascertaining whether the verdict for the plaintiff was sustained by the evidence. Where, therefore, in an action of debt for tolls of corn brought into

VOL. XII.

UU

a market, the plaintiffs (a corporate body), proved that the defendant sold forty-one quarters of wheat in the market-place on a market-day, by two sacks pitched in the market:Held, not sufficient evidence to entitle the plaintiffs to a verdict in their favour, as it did not appear that the bulk of the wheat was ever brought into or sold in the market. Vines v. The Mayor of Reading, 201

5. Certain creditors of a bankrupt agreed amongst themselves at a private meeting, to appoint the plaintiff their attorney, to act for them in watching the proceedings under the commission, in order to prevent fraudulent proofs, and that the expenses should be borne in the usual way (that is, rateably, in proportion to the amount of the claim of each upon the estate):-Held, that one of the creditors, who had paid his proportion of the plaintiff's bill, was a competent witness to prove that the defendant was a party to the agreement. Taylor v. Cohen,

219

6. Trespass for assaulting and imprisoning the plaintiff-Plea, that the plaintiff was wilfully trespassing on the land and breaking down the hedges of the defendant, wherefore he apprehended him, and took him before a Justice-Replication, that the plaintiff entered the land and broke down the hedges in the assertion of a right of way; traversing that he did so wilfully, or for any other purpose than in the exercise of such right-Rejoinder, that the plaintiff was in the act of committing wilful damage to the defendant:-Held, that, upon this issue, the plaintiff might give evidence as to the right of way claimed by him, in order to shew quo animo he entered the locus in quo. Looker v. Halcomb,

410

7. In an action of slander, proof that the defendant spoke of the plaintiff to one with whom he did business,

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FINES AND RECOVERIES. 1. In a recovery, the words "Devon (to wit)" were introduced in the margin of the warrant of attorney, and in the body the premises were described as situate in the county of Exeter:-Held, immaterial, as the words in the margin would not appear in the exemplification, and might be rejected altogether. Bland, demandant; Fairbank, tenant; Tuchter, vouchee, 65

2. A recovery may be amended by altering the name of a parish, in which the premises intended to pass are situate, although such parish is erroneously described in the deed to lead the uses. Banazaletti, demandant;

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8. The Court allowed a recovery suffered sixty-four years since to be amended by the insertion of " woodlands," in accordance with the deed to lead the uses. Brackenburgh, demandant; tenant; Tatton, vouchee,

FIXTURES. See STAMPS, 1.

FOREIGN LOAN.

303

See MONEY HAD AND RECeived.

FORFEITURE. See LEASE, 1.

FRAUDS, STATUTE.OF. See STATUTE of Frauds.

GENERAL ISSUE.

See EVIDENCE, 1.

GUARANTIE.

1. A guarantie was given by the defendant, in consideration of the plaintiffs' giving A. a current credit, to make good, upon the event of his failure, any deficiency, not exceeding a certain sum. A short time after the guarantie was given, a bill, which had been previously given by A. to the plaintiffs, was dishonoured, and the plaintiffs permitted him to renew it without giving any notice of the transaction to the defendant:-Held, that this was not such a failure of the principal, as to entitle the surety to a notice of the renewal of the bill. Carr v. Browne, 62

HEIR-AT-LAW.

See DEVISE, 3. EVIDENCE, 8.

HIRING AND SERVICE. See CLERKS.

HOUSE-BOTE. See TRESPASS, 1.

HUSBAND AND WIFE. See PRACTICE, 11.

INDORSEMENT.

See BILLS OF EXCHANGE, 4.

INDORSEMENT OF WRIT.

See PRACTICE, 14.

INNUENDO.

See LIBEL, 1.

INSOLVENT DEBTORS.

See COMPOSITION-DEED. 1. An insolvent, after his discharge, gave a cognovit in an action

which had been previously commenced against him by the plaintiff: judgment having been entered up, and execution issued thereon, the Court refused to set it aside, on the ground that the cognovit constituted a new 163 promise. Sweenie v. Sharp,

2. The general assignment of the personal estate of an insolvent by the provisional assignee of the Insolvent Debtors' Court to the after-appointed assignees, does not vest in the latter a term of years, unless they do some unequivocal act to manifest their acceptance; a mere attempt to make it available to the estate is not such an exercise of ownership as to create an implication of assent. Lindsay v. Limbert, 209

3. J. S., who was tenant from year to year of certain premises, with an agreement for a lease, demised to the defendant as tenant from year to year. J. S. was discharged under the Insolvent Debtors' Act, 1 Geo. 4, c. 119. The provisional assignee never took possession of the premises, but J. S. continued to receive and pay the rent, and no ultimate assignee was appointed:-Held (Lord Chief Justice Best dissenting), that J. S. could not maintain ejectment, all his interest being divested by the assignment, though not acted upon. Doe d. Palmer v. Andrews, 601

INSPECTION OF PAPERS. See PRACTICE, 21.

INSURANCE.

See PRACTICE, 1.

1. An insurance was effected upon the life of one Mrs. E. on the certificate of a medical man who had been her usual medical attendant; but, subsequently to the last attendance of that gentleman, Mrs. E. had had two severe illnesses, in which she was attended by a Mr. B., another surgeon, who

656 JOINT-STOCK COMPANY.

thought her consumptive. These illnesses, and the attendance of Mr. B. were not disclosed to the office at the time the policy was executed. The Judge left it to the Jury to say, whether there had been any misrepresentation; but omitted to call their attention to the illnesses of Mrs. E. and the attendance of Mr. B.-The Court directed a new trial. Morri son v. Muspratt, 231

2. An under-writer on a policy on goods is not liable for a loss occasioned by the sale of the goods, effected for the purpose of defraying the expenses of repairs to the ship, rendered necessary by the perils of the sea. Sarguy v. Hobson,

INTEREST.

474

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1. The defendant sold the plaintiff shares in a projected joint-stock company; but the committee, who proposed its formation, had previously agreed that no active steps should be taken until the sanction of the Legislature had been obtained. The project was abandoned before any application was made to Parliament for incorporating the company:-Held, that the plaintiff was entitled to recover from the defendant the sum paid for the shares, in an action for money had and received. Kempson v. Saunders, 44

2. Where a joint promissory note, signed by the directors of a joint stock company, was afterwards altered by the secretary into a joint and several note, without the knowledge or authority of the directors, of whom the defendant was one; and in an

LANDLORD AND TENANT.

swer to a letter from the holders, informing him of the dishonour of the joint and separate note of himself and the other directors who were parties to it, he said, that their letter should have his earliest attention:-Held, that this did not amount to an assent to the alteration of the note by the defendant, and that he was not bound thereby. Perring v. Hone,

135

Where the names of two of three plaintiffs had been entered in a book with those of several others (of whom the defendant was one), as subscribers to a proposed joint-stock company; and the two plaintiffs received certain scrip receipts, which they sold previously to the execution of the deed of partnership, which they did not sign; and the plaintiffs advanced money to the concern:-Held, that they could not recover it back from one of the directors, inasmuch as they must be considered as partners in the Ibid.

concern.

4. The plaintiff, a shareholder in a joint-stock-company, sued the directors on two bills drawn by him for goods supplied to the company, and accepted by their secretary. The evidence was, that the secretary had been authorized by the directors to accept in their names, bills drawn by the plaintiff's brother:-Held, that this did not authorize the secretary to accept bills drawn by the plaintiff; and that the plaintiff, being a member of the company, and consequently a partner with the defendants and the rest of the shareholders, could not sue them. Neale v. Turton, 365

LANDLORD AND TENANT.

1. Where, for a series of years, the agent of a lessor had allowed his tenants to deduct a sum yearly for the land-tax, according to the improved value of the premises demised, and gave receipts accordingly:Held, that the lessor's assigns could

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2. One P. pledged pictures with T., who hired of the plaintiff rooms for their safe custody. P. dying, a suit in equity was instituted by the defendants, his representatives, to ascertain T.'s right to hold the pictures. Pending the suit, in order to prevent a distress, the rent of the rooms was, on the petition of the defendants, paid out of the fund in Court in the cause. T.'s claim being afterwards abandoned, an order for the delivery of the pictures to the defendants was issued by the Court of equity, under which they were delivered to them, they paying rent up to that time:-Held, that, from these circumstances, the relation of landlord and tenant did not arise between the plaintiff and defendants. Strachan v. Smith,

LAND-TAX.

289

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so granted to him, and the hereditaments thereby demised, in trust for C. and D. A lease was accordingly prepared, to which all the above were parties, and reciting the above agreement. After the execution of this lease by B., C., and D., but before its execution by A. and D. (the lessor and lessee), an alteration was made therein, with the privity of B. only, by striking out a part of the premises which had been inserted by mistake:-Held, that this alteration, not having been made after its execution by the lessor or lessee, did not avoid the deed. Hall v. Chandless, 316

LIBEL.

1. The defendant published in a newspaper the following advertisement:- "To bill-brokers and others

Caution-Reward- Whereas information has been given to me that attempts have been made to obtain the discount of a bill of exchange, bearing date, London, May 26th, 1826, and purporting to be drawn by one John Stockley (the plaintiff) upon, and to be accepted by, the Dowager Lady P. Turner, for 6,000l., with interest, payable twelve months after date, to the order of the said J. Stockley-I do hereby give notice, on behalf of the Dowager Lady P. T., that she has not accepted such bill, and that, if her name should appear on any such instrument, the same has been forged, or her hand-writing to the said acceptance of the said bill, if genuine, has been obtained by fraud, in total ignorance on her part of the intended effect of the signature. Any person who will give positive information to me of the party in possession of the said instrument, shall be handsomely rewarded. Thomas Binns:"-Held, that, in the absence of an innuendo that the plaintiff was the person de

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