FEME COVERT. 1. Under 3 & 4 W. 4. c. 74. ss. 77. 91. a feme covert, when her husband has absconded, and has not been heard of for some time, may pass a vested reversionary life in.. terest in freehold property. Ex parte Mary Gill. Page 168 2. To a declaration on a bill of exchange alleged to have been drawn and indorsed by Sarah Elwood, Defendant pleaded that she was the wife of Thomas Elwood, who was still alive; replication that she drew and indorsed the bill by the authority of her husband: Held, no departure. Prince v. Brunatte. 435 FINE. 1. The Court refused to amend a fine in a case of misdescription cured by 3 & 4 W. 4. c. 74. s. 7. Lockington, Demandant; Shipley and Wife, Conusors. 355 2. Passing of fine after death of Griffith's fine. 720 conusee. FORGERY. See MONEY HAD AND RECEIVED. GUARANTY. 1. Plaintiffs, owners of a ship hired on charterparty by H. S., refused to let her sail till certain disputes about the freight between them and H. S. were settled, by H. S. giving security: whereupon De fendant, in consideration that Plaintiffs would let H. S. sail without giving security, undertook to get T. M. to sign the guaranty hereunder set forth, and deliver it to Plaintiffs in a week: Held, that this was not an undertaking for the debt, default, or miscarriage of another, within the statute of frauds. The guaranty to be signed by T. M. was as follows:- "Whereas, H. S. has hired your ship for six months from the 12th of July, 1830, and such longer time as his intended voyage may require, and has paid or secured the freight for six months, from the 20th of August, 1830, and is about to leave England, I guarantee the payment of freight which shall accrue for any portion of the voyage after the said six months:" Held, an undertaking within the statute of frauds, and insufficient for want of a consideration apparent on the face of it; and consequently that only nominal damages could be recovered against Defendant for failing to procure T. M.'s signature, according to his promise Bushell and Others v. Bearan. Page 103 2. "Inclosed I forward you the bills drawn per J. A. upon, and accepted by L. D., which I doubt not will meet due honour, but in default thereof I will see the same paid. B. J. A." Held, that the consideration for B. J. A.'s promise did not appear sufficiently to render him liable on INSOLVENT DEBTOR. 785 1. The Court has no jurisdiction to discharge from custody an infant in execution for damages, in an action of slander. Defries v. Davis. 692 2. Defendant and an infant who had granted an annuity, covenanted jointly and severally for the due payment of the same: Held, that the infancy of the grantor did not avoid and exonerate the Defendant from his separate contract. Gillow and Others, Executrix and Execntors of Gillow, v. Sir John Scott Lillie. 695 JUDGES. INSURANCE. Hides insured from Valparaiso to Bordeaux free of particular average, unless the ship were stranded, arriving at Rio de Janeiro on their way to Bordeaux, in a state of incipient putridity occasioned by a leak in the ship, were sold for a fourth of their value at Rio. The ship was stranded on her passage from Rio to Bordeaux. The assured received the news of the damage of the hides and of their sale, at the same time: Held, that the stranding was not such as to make the underwriter liable for an average loss; and that the assured could not recover as for a total loss, without abandonment. Roux v. Salvador. Page 526 INTER PLEADER. See SHERIFF, 1. PRACTICE, 20. JOINDER OF PARTIES. JUDGES. The Judges declined to answer a question proposed to them by the House of Lords, in terms which rendered it doubtful whether it did not extend to the construction of a bill before the House. In the matter of the London and Westminster Bank. 197 3 F 3 JUDGMENT. See PRACTICE, 1. 11, 12. LANDLORD AND TENANT. See NEW TRIAL. PLEADING, 1, 2. 1. The Plaintiff came into occupation v. Blandy and Another. Page 45 NIL HABUIT IN TENEMENTIS. 2. A landlord cannot distrain under 11 G. 2. c. 19. s. 1. goods fraudulently and clandestinely removed from the tenant's premises before the rent becomes due. Rand v. Vaughan and Another. See PLEADING, 1. OUTLAWRY. 767 Outlawry, when an abuse of process. 354 LEASE. See STAMP. LIEN. See COSTS, 5. 10. 14. MEMORANDA, 243. 571. 771. MONEY HAD AND RECEIVED. A stockholder whose stock has been sold without his knowledge under a forged power of attorney, may PATENT RIGHT. In case for invading Plaintiff's patent right to certain machinery for drying calicoes, &c., where the specification, after setting forth the mode in which the cloth was to be extended for the purpose of drying, proceeded to state that it might be taken up again by the same machinery; a jury having found that POST-HORSE DUTY. the invention was new and useful on the whole, but that the machine was not useful in some cases for taking up goods, the Court refused to set aside the verdict for the Plaintiff and enter a nonsuit. Haworth v. Hardcastle and Others. Page 182 PARTNERS. See COVENANT, 3. PENAL ACTION. POLICE. See Costs, 8. POST-HORSE DUTY. 1. Nil habuit in tenementis is no plea in an action of debt for use and occupation. Curtis and Others, Executors of Curtis, v. Spitty. 15 2. In case for an irregular distress, it is necessary to state correctly to whom the rent distrained for is due; and a variance in this respect is fatal. Ireland v. Johnson, Vaughan, and Others. 162 3. A Defendant may plead to the same demand, first, the general issue; and, secondly, that the demand accrued for carrying into effect illegal wagers. Triebnerr v. Duerr. By 4 G. 4. c. 62. postmasters are to pay for horses let out for a distance not exceeding eight miles, a duty of 1s.9d. a horse, or one fifth of the sum charged to the hirer, and are to make a return to the stamp office of the number of horses let, the number of miles, the amount charged to the hirer, 4. To a declaration by indorsee the fifth part of that amount, or 1s. 9d. for each horse. For a false return the postmaster is liable to a penalty; and the farmer of the duty may compel him to verify his return on oath. Defendant re 266 against acceptor, Defendant pleaded that the bill was accepted without consideration from the drawer : Held ill, and that under the rule of Hil. 4 W. 4. Plaintiff might demur. Low v. Chifney. 267 turned, as the amount of duty for 5. To covenant for rent, plea that two horses let out for five miles, 2s. 6d., and omitted to state the sum charged to the hirer: Held, that notwithstanding such omission, he had sufficiently indicated his election to pay the duty of one fifth, and that the farmer could Defendant, with the consent of lessor, carried on the business of a retail brewer and retailer of beer, whereupon a forfeiture was incurred, and he was evicted by B. C. having good right and title to the premises as heir of C., with 3F4 whom Defendant's lessor had covenanted not to carry on the business of a retailer of beer without the consent of C.: Held ill. Simons and Another v. Farren. Page 272 6. A plea of privilege, as attorney of another court, is a plea in abatement; and if it be not verified by affidavit, Plaintiff may sign judgment. Davidson v. Chilman. 297 7. The rule of Hil. 4 W.4., which requires the party who pleads a plea of judgment recovered to set cut its date, &c. in the margin of the plea, does not apply to a plea of judgment recovered against an on an account stated, Defendant, without a rule to plead several matters, pleaded, "that he did not accept the bill; and for a further plea, that he did not account:" Held, that the informality of omitting to confine each plea to the count to which it applied did not authorise Plaintiff to sign judgment. Vere v. Goldsborough. Page 353 11. To a plea by the acceptor of a bill of exchange, that it was, to the knowledge of the holder, negotiated by fraud, and that no consideration was given for the indorsement to the holder, it is sufficient for the holder to reply generally, that he had no notice of the fraud, and that the bill was indorsed to him for a good consideration. 469 12. And where upon demurrer judgment was given for Plaintiff on such a replication, the Court refused to allow Defendant to withdraw the demurrer on payment of costs. Bramah and Another v. Roberts and Others. 481 13. To a plea of payment of 31. 8s. 2d. in satisfaction and discharge of Defendant's promise; replication that Defendant did not pay it in satisfaction and discharge, nor did Plaintiff receive it in satisfaction and discharge: Held, on demurrer, unobjectionable. Webb, Assignee of Walter, an Insolvent, v. Weatherby. 502 14. Pleas in trover. Leuchart v. Cooper and Another. 509 15. Plaintiff declared, that he was |
