If a druggist prepares a certain kind of medicine and designates it by the name of a superior medicine, invented, prepared, and sold by the plaintiff, and sells it as and for the medicine prepared by the plaintiff, the plaintiff may maintain an action against him without proof of special damage. Thomson v. Winchester, 19 Pickering, 214.

2. (Same.) Where certain medicines are designated by the name of the inventor, as a generic term, descriptive of a kind or class, the inventor is not entitled to the exclusive right of compounding or vending them, unless he has obtained a patent therefor; and if another person prepares such medicines of an inferior quality, and sells them, and by this means all medicines of that class are brought into disrepute, such inventor can maintain no action for any loss sustained by him in consequence thereof, unless they are sold as and for medicines prepared by him. Ib. ADDITION. When in an indictment against a woman, she is described as A. B. "wife of C. D." these latter words are mere addition, or descriptio persona; and it need not be proved, on the trial, upon the plea of not guilty, that she is such wife. If such addition be wrong, it must be excepted to by plea in abatement. Commonwealth v. Lewis, 1 Metcalf, 151. APPRENTICE. (Right to service of.) Where the plaintiff put his apprentice into the service of another person exercising the plaintiff's trade, for a short time, on wages to be paid to the plaintiff, and during that period the apprentice absconded and went to sea, it was held, that by such transfer of the apprentice the plaintiff's right to his services was suspended, and that it did not revive upon his absconding, so as to entitle the plaintiff to his earnings on the voyage. Ayer v. Chase, 19 Pickering, 556.

ARBITRAMENT AND AWARD. A submission was made to the arbitration of three persons, with an agreement that their award, or the award of a majority of them, should be final: All the arbitrators met and heard the parties, but after consulting together at different times, and not agreeing on an award, one of them told the others that he should not sit with them again.

The two others afterwards met and made an award, without requesting the attendance of the third, or giving him notice. Held, that the award was valid. Carpenter v. Wood, 1 Metcalf, 409.

ARBITRATION AND AWARD. (Authority.) In a submission between an insurance company and a party assured, in respect to a loss, and an award of a sum of money to the assured, the arbitrators will be deemed not to have exceeded their authority in directing a transfer by the assured of his claims against another company for a loss, as the legal intendment is, that there was a double insurance. Nichols v. The Rensselaer County Mutual Ins. Co. 22 Wendell, 125.

2. (Offer to perform.) Upon such an award, it is not necessary that the assured should aver an offer of performance on his part, if there be no necessary connection between the act to be done by him, and the payment of the money, or if the part of the award which directs the assignment be void; if both parts of the award be valid, each party is entitled to an action for the default of the other. Ib.

3. (Doing of mutual acts.) If an award directs the performance of acts by both parties, and the award as to the acts to be done by one of the parties is void, and the void part is the consideration or recompense of the thing awarded on the other side, the whole award fails; whether an offer to perform the part of the award void for uncertainty, or because out of the submission, would remove the objection, quere. Ib.

Ib.

4. (Same.) To bring a case, however, within the above rule, it must be manifest that the act directed to be performed by one party in respect to which the award is bad, is the consideration of the act to be performed on the other side; every intendment being in favor of the award. ARREST. (Privilege from.) Where a party entitled to freedom from arrest while returning from court, went to a place out of the direct route to his home, for the purpose of attending the funeral of his son, it was held, that he had forfeited his privilege. Chaffee v. Jones, 19 Pickering, 260.

ASSUMPSIT. (By tenant in common.) After one tenant in common has obtained partition by legal process, he may maintain an action of assumpsit against his former cotenant to recover his share of the rent received by such cotenant on a demise by him of the whole estate, before and during the pendency of the process for partition; although such cotenant appeared and pleaded to the petition for partition that the petitioner was not seized of said estate as tenant in common thereof. Munroe v. Luke, 1 Metcalf, 459.

2. (Against subscribers to a company.) Several members of an unincorporated religious society mutually agreed in writing to take and pay for the number of shares affixed to their names, in the stock of a meetinghouse which they proposed to build, and to pay a certain sum on each share to such person as the majority of share holders present at a meeting to be held for that purpose should elect as a treasurer; such treasurer to give bond, with sureties, for fidelity, &c., and to pay over the money received by him to the treasurer that should be elected by the share holders when they should be organized under an act of incorporation, which they intended to obtain. A. subscribed for shares in said stock, and B. was chosen treasurer, and gave bond as provided for in said agreement of the subscribers. The subscribers afterwards obtained an act of incorporation, organized under it, and chose C. treasurer. A. refused to pay the sum which he had subscribed, and B. brought an action against him to recover the same. Held, that there was a sufficient consideration for A.'s promise, and that the action thereon was rightly brought by B. Thompson v. Page, 1 Metcalf, 565. 3. (Term of credit.) Where goods are sold to be paid for by a note or bill, payable at a future day, which is not delivered according to the terms of sale, the vendor may sue imme. diately for a breach of the special agreement and recover as damages, the whole value of the goods, allowing a rebate of interest during the stipulated credit; he cannot, however, maintain assumpsit on the common counts until the credit has expired. Hanna v. Mills, 21 Wendell, 90.

4. (Same.) Where goods are to be paid for in a note or bill, the vendor cannot recover on the common count for goods sold and delivered until the credit has expired; but he may proceed immediately for a breach of the special agreement. Yale v. Coddington, 21 Wendell, 175.

5. (Money had and received.) The plaintiff may give in evidence, under a count for money had and received, a promissory note due when the action was commenced, but which, at that time, he did not intend to include in the action. Webster v.

Randall and Tr. 19 Pickering, 13.

6. (Substitution.) An agent to collect a debt, if with the consent of the debtor he credits it to his principal as paid, and charges it in his private account to the debtor, may maintain assumpsit for money paid, or money had and received, against the debtor, although in fact there was no payment or receipt of money. Emerson v. Baylies, 19 Pickering, 55.

7. (Defect in quantity of land.) Where a parcel of land represented as containing fifteen acres, was sold for $5.05 by the acre, but the vendor's deed set forth, that in consideration of the payment of the sum of $75.75, he thereby conveyed to the vendee the parcel in question, "containing fifteen acres," described by metes and bounds, and there proved to be a deficiency in the quantity of the land, it was held, that the vendee could not recover back any portion of the consideration paid, all prior proposals and stipulations being merged in the deed. Williams v. Hathaway, 19 Pickering, 387.

8. (Same.-Promise.) A subsequent promise by such vendor, that, if there should be a deficiency in the quantity of the land, he would make it right, is void, as not being founded on a sufficient legal consideration. Ib.

9. (Moral obligation.) In order that a moral obligation may constitute a valid consideration for an express promise, there must have been some preëxisting legal consideration. Dodge v. Adams, 19 Pickering, 429.

10. (Same.) Where the defendant's minor children were taken from his house without his consent and without any neglect

Ib.

on his part to provide for them, and were boarded by his wife's father during the pendency of a libel filed by her for a divorce, and the defendant, after the board had been furnished, promised to pay therefor, it was held, that the promise was not binding for want of a sufficient consideration. ATTORNEY. (General authority of.) An attorney who prosecutes a suit to judgment, has not power by virtue of his general authority to discharge a defendant from arrest on a ca. sa. without the actual payment of the debt. Simonton v. Barrell, 21 Wendell, 362. AUCTIONEER. (Delegation of power by.) An auctioneer cannot delegate his power to sell by auction; but he may employ another person to use the hammer and make the outcry under his immediate direction and supervision; nor will his occasional absence during the sale subject his servant or substitute to the penalties of the statute against selling by auction without a license. Commonwealth v. Harnden, 19 Pickering, 482.

AWARD. (Performance of.) If one of the parties to an unauthorized award performs it on his part, and the other party accepts such performance, the latter thereby ratifies the award and is bound to perform it on his part. Culver v. Ashley, 19 Pickering, 300.

2. (Same.) After one of the parties has received the benefits of

such an award, it seems he cannot repudiate it on the ground that he ratified it in ignorance of the facts, unless he can and does restore the other party to as good a situation as he was in before the ratification. Ib.

3. (Submission en pais.)

An award upon a submission en pais, cannot be accepted in court, as the basis for a judgment. Shearer v. Mooers, 19 Pickering, 308.

BAILMENT. (Innkeepers.) An innkeeper is responsible for the safe-keeping of a load of goods belonging to a traveller who stops at his inn for the night, if the carriage containing the goods be deposited in a place designated by the servant of the