ASSIGNMENT FOR BENEFIT OF CREDITORS. property, and completes the inventory and removes the property on the 4. Assignee has only the rights of the assignor, not those of an as- 185 7. Delivery of release by creditor to assignee is delivery to assignor. . 8. A clause empowering the assignee to sell on credit makes the 9. Assignment is not made void by a provision for compensation to 10. If assignment is valid when made, no subsequent acts of assignor ASSUMPSIT. 558 442 . 695 251 764 1. For money had and received. Murphy vs. Ball, 631 2. Will lie for value of goods tortiously taken and sold. Harpending 248 3. Where owner of stock assigns more shares than he is entitled to, 563 ATTORNEY. See COUNSEL. 1. Refusing to state his authority is estopped from denying that he 249 2. Right to sue for services in America-discussed in Note to Kennedy 372 BANKS AND BANKING. 1. An agent of a bank who, in general terms, is authorized by a by- 2. A holder who pays value for such a check cannot be said to take it 3. The custom of marking checks "good." Note to Claflin vs. Farm- 4. Bank after such marking cannot allege want of funds of drawer. 5. Suit by holder of check against the bank for refusing to pay it. Id. 92 9" 98 6 Restrictions on the transfer of stock. Leggett vs. Bank of Sing Sing, 249 8. Certificate of deposit of "Illinois currency"-how payable. Hulbert BANKRUPTCY. 183 61 1. How far assignee bound by decree in pending suit against the . 183 BILLS AND NOTES. See CONFLICT OF LAWS, 1. WARRANTY, 2-4. I. Liability of Parties. 1. Note not negotiable signed by two makers on its face and by a third person on the back-held that the latter was not an indorser, but a joint promissor. Richards vs. Warring, 2. Note signed by "L. L. F., Treasurer," is corporation note. Draper et al. vs. Mass. Steam Heating Co., 3. Draft accepted by "E. T. L., Agent," held to bind him personally. Slawson vs. Loring, 4. Promise to accept is equivalent to acceptance as to every party taking the bill on the faith of the promise. Steman et al. vs. Harrison et al., 5. Liability on agreement to indorse-reasonable notice. Schlessinger et al. vs. Dickinson, 6. An accommodation acceptor having paid a bill for which no funds are provided by the drawer, is entitled to recover the amount from him. De Barry vs. Withers, 7. The suit must be in the name of the payee to the use of the acceptor. Id. 8. But if the drawer make an express promise to the acceptor to pay the debt to him, he may sue in his own name. Id. II. Title to a Note. 9. Indorsement of husband to wife and by her to third person gives the latter a valid title. Slawson vs. Loring, 10. Good faith in taking under suspicious circumstances. Belmont Branch Bank vs. Hoge, 11. Averment of title-sufficiency of. Farmers' and Mechanics' Bank vs. Wadsworth, 12. A letter written by the maker of a note to the holder, before the discount of it by him, is not admissible in an action by the latter against an indorser, to show that the indorsement was an accommodation one. Eckert vs. Cameron et al., 13. Where an indorsed note comes into the possession of the maker before it is due, there is no presumption of payment or extinguishment; and, therefore, one who discounts the note under such circumstances is an innocent holder for value. Id. III. Defence to a Note. See LIMITATION, 3. PATENT, 4. SET-OFF, 1. 14. Holder of note representing it as for valid consideration is estopped from denying its validity or setting up the defence of usury. Parshail vs. Lamoureux, 15. But an accommodation guarantor not making such representations may set up the defence of usury as if he were merely an indorser. Id. 16. Agreement between payee and maker to apply former's indebtedness in payment. Davis vs. Spencer, IV. Demand and Notice. 17. Failure of consideration. Lester vs. Palmer, 18. Notice of dishonor discussed in reference to residence of parties. West River Bank vs. Taylor, 562 19. Presentment for payment-notice of non-payment. Hallowell & Co. vs. Curry et al 318 BILLS AND NOTES. V. Grace. 20. Note payable in instalments with interest is entitled to grace on BLACKWELL, HON. ROBERT S. BONDS, OF PUBLIC OFFICERS. 699 . 501 1. Waiver of irregularities-Bonds not void by being not in the strict 4. Evidence in mitigation of damages. Johnson vs. Jenkins, BRIDGE. See NAVIGABLE RIVER. ROADS, 1-4. CASES AFFIRMED, OVERRULED, ETC. Ableman vs. Booth, 21 How. 506, followed in Re Spangler, 598, and in Cox vs. Taylor, 10 B. Monroe 17, disapproved in Gorton vs. Brown, 540. Monongahela Nav. Co. vs. Coons, 6 Barr 382, affirmed in Clarke vs. Scammon vs. Chicago, 25 Ill. 424, partly overruled in Chicago vs. Rob- Starin vs. Genoa, 23 N. Y. 439, affirmed in People ex rel. Fiedler vs. Mead Sturms, Ex parte, 25 Ill. 390, overruled in part in Gibson vs. Roll, 118. CANALS. 1. Reversal of award of canal appraisers in New York. People vs. CERTIORARI. 1. Review of decision of Court below on questions of fact. 2. Only questions of law, not of fact, are open on certiorari. 185 440 . 120 119 Brown vs. 56 Hyde vs. 3. To justice-requisites to the return under New York Code. CHARTER-PARTY. See COMMON CARRIER, 3. CHECK. See BANKS, 1-5. CHOATE, LIFE AND WORKS of rufus, . 321 CITIZEN. See COURTS, 3. 1. Whether a corporation is a citizen within the meaning of the Judi- CIVIL LAW, ON THE STUDY OF, COMMISSION. 1. Without seal of the Court, is a mere nullity. Ford et al. vs. Wil- COMMON CARRIER. I. Change of Route. 1. A carrier, finding, on his arrival at the end of his portion of the 2. Demurrage at the first stopping-place not allowed. Id. 4. Freight is usually payable when it has been fully earned by the 11. Liability for Non-delivery. 5. In special case, carrier may deny title in his bailor or shipper- 6. Undertaking to collect notes is not excused by delivery to an 7. May be liable on contract to deliver goods at a certain place, though III. Connecting Carriers. 221 249 287 124 558 184 8. Payment of charges due previous carriers-when lien exists, and 246 1. The legal system administered by the Ecclesiastical Courts in Eng- 2. The power to grant divorces, for proper cause, has been an acknow- 4. Jurisdiction of the subject of granting divorces never having been 5. But when jurisdiction of the subject is bestowed upon any tribunal, 212 COMMON LAW. lish Courts having the jurisdiction there, so far as applicable to the altered COMMON RECOVERY. 1. Presumption of conveyance or surrender to make a tenant by the CONFLICT OF LAWS. See DECEDENTS' ESTATES, 2-3. JOINT DEBTORS, 2. I. Place of Contract. 1. A note dated in Massachusetts, and delivered there, though signed 2. Assignment in Rhode Island held to convey title to personalty in 11. Status of Indians in United States. 3. Since the removal of the Miami Tribe of Indians from Indiana, in 4. Qu. Whether the Indian tribes within the United States are in any CONFUSION OF GOODS. 1. Forfeiture of goods by fraudulent mixture with those of other per- sons. CONSTITUTIONAL LAW. See COURTS, 7, 8, 12. I. Powers of the Executiv 1. The President is vested with the whole executive power of the 2. The Fresident therefore had a right jure belli to institute a blockade Id 3. Under the Constitution of this government, although the citizens Id. 4. Hence in organizing this rebellion they have acted as States claiming 212 54 557 381 170 127 334 1 |