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1. A tradesman can only recover against a person making a false representation of the means of one who referred to him, such damage as is justly and immediately referable to the false representation. Therefore, if the tradesman gives an indiscreet and illjudging credit, he cannot make the referee answerable for any loss occasioned by it. Corbett v. Brown, 363

2. A party bought a ship under a representation that she was copper fastened. He ascertained in the course of a few days that she was not, but did not make any complaint to the seller till several months afterwards, when she had been on a voyage and returned :-Held, that this delay would not prevent his recovering, provided the action was in other Freeman v. respects maintainable. Baker,


3. Held, also, that "Lloyd's Register of Shipping" was not admissible in evidence to shew that the vessel was considered as copper fastened. Ibid.

4. The contract stated, that the vessel was to be delivered with all her stores according to the inventory. The inventory was at the end of the advertisement for the sale :-Held, that this did not import into the contract the representation as to the vessel

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2. If a wife, separated from her husband, take a house of which the husband, with the landlord's consent, obtains possession:-Semble, that if the wife come with others and make a forcible entry into this house, she may be convicted on an indictment for a forcible entry, stating it to be the house of the husband. Ibid.

3. Where a constable entered a house with a warrant in his hand, and searched it, and for such entering and searching was indicted for a forcible entry:-Held, that his counsel might ask the witnesses for the prosecution what the constable said at the time as to whom he was searching for. Ibid.

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5. An indictment which charges a forged check to be "a warrant and order for the payment of money, which said warrant and order is in the words and figures following," is good. Rex v. Crowther,


6. A forged check on the W. bank was presented for payment at the S. bank, where the supposed drawer never kept cash:-Held, that this was sufficient evidence of an intent to defraud the partners of the S. bank, although there was no probability of their paying the check, even if it had been genuine. Ibid.

7. A person who obtained goods on delivering a forged letter-" Please to let the bearer W. T. have for J. R. 4 yards of linen," signed J. R., is not indictable for obtaining goods by false pretence, as this is uttering a forged request for the delivery of goods which is a felony under sect. 10, of the stat. 1 Will. 4, c. 66. Rex v. Evans, 553



1. To bring a party within the stat. 52 Geo. 3, c. 93, for not producing his game certificate, it is not necessary that the demand of it should be made on the land on which he was sporting; but the demand must be made so immediately after the party has left the land, as to form a part of the same transaction. Scarth v. Gardener, 38

2. It is not necessary that the person making the demand should produce any certificate; and if the other party refuses to produce his, he takes the risk of whether the person demanding is one having a right to make such demand. Ibid.

3. If a person refuses to produce his game certificate, or to tell his name or residence, the person demanding need not go on to ask in what place, if any, he is assessed to the game duty. Ibid.



Where a party contracted to supply and erect a warm air apparatus for a certain sum:-Held, in an action for the price, (the defence to which was, that the apparatus did not answer,) that, if the jury thought it was substantial in the main, though not quite so complete as it might be under the contract, and could be made good at a reasonable rate, the proper course would be to find a verdict for the plaintiff, deducting such sum as would enable the defendant to do what was requisite. Cutler v. Close,



See CHARITABLE INSTITUTION. A. sold to B. a butt of wine, which was not delivered. B. compounded with his creditors, and the amount of

the wine was, by A.'s consent, included in the composition. The composition money was secured by bills, and A. had a claim against B. beyond the price of the wine. Before the whole

of the composition was paid, B. demanded the wine of A., who refused to deliver it-Held, that he was bound to deliver it, as he had undertaken to do so; and that the doctrine with respect to stoppage in transitu did not apply under the circumstances. Nichols v. Hart,


2. A., a publisher, had for some years supplied a periodical work to W. as fast as the numbers came out. W. died, and A., not knowing of his death, continued sending the numbers of the work by the stage coach, addressed to W. These numbers were received by B., who had succeeded to the property of W., and there was no evidence that B. had ever offered to return them:-Held, that A. might maintain an action for goods sold and delivered against B., though at the time of the deliveries A. was not aware of the death of W. Weatherby v. Banham,



A person gave a guarantie in these words, "I hereby agree to be answerable for the payment of 50l. for T. L. In case T. L. does not pay for the gin, &c. he receives from you, I will pay you the amount:"-Held, that it was not a continuing guarantie. Nicholson v. Paget, 395


1. If a true bill be found against a person for high treason, the Judge will, on the application of the counsel for the Crown, order the Sheriff to furnish the solicitor to the Treasury with a list of the persons to be summoned on the jury, that a copy of it may be delivered to the prisoner. Rex v. Collins,


2. Semble, that counts charging a

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his wife's board and lodging at the house of a third person, when the wife leaves in consequence of a dispute, it must be shewn, either that his conduct rendered it improper for her to live with him, or that he knew where she was residing, and did not make any offer to take her back, except upon conditions which he had no right to make. Reed v. Moore, 200

2. A man is answerable to a third person for what is done by his wife, so long as the relation of husband and wife continues, though they may be permanently living apart; at least, if it be not shewn that the wife at the time was living in adultery. Head v. Briscoe, 48 Ꮀ


A woman died after a very short illness; rumours were generally in circulation in the neighbourhood where she had lived that her husband had poisoned her, and a great crowd was s collected in front of his house; upon which the constable of the parish, without any warrant, took him into custody, and conveyed him before a magistrate, who detained him till medical men had reported the cause of death, and then discharged him:-Held, that, if the Jury were of opinion that the constable had reasonable ground of suspicion to justify the apprehension, the action could not be maintained. Nicholson v. Hardwick,



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1. An insolvent debtor, omitting to state in his schedule debts due to him, is not indictable for perjury, although he has sworn to the truth of his schedule; but he must be indicted for a misdemeanor, under sect. 70 of the insolvent debtors' act, 7 Geo. 4, c. 57. Perjury under sect. 71 of that act is only committed as to things falsely stated in the schedule. Rex v. Moody, 23

2. The form of oath at the end of an insolvent's schedule is an affidavit in writing, and may be so stated in an indictment for perjury.


3. Debts due to the insolvent are "effects or property," within sect. 70 of the insolvent debtors' act. Ibid.

4. In an action by the assignee of an insolvent, it is necessary to prove the provisional assignment, although, by the Insolvent Debtors' Act, 7 Geo. 4, c. 57, it must be executed at the time of signing the petition, on which the adjudication of the Insolvent Debtors' Court (which is a court of record) is founded. Jeffery v. Robin



5. In an action by the assignee of an insolvent, a letter written by the defendant was given in evidence; on the back of it something had been written by the insolvent:-Held, that the defendant's counsel were entitled to have it read. Dagleish v. Dodd, 238

6. If an insolvent knows at the time of filing his schedule that a bill of exchange had been indorsed to a particular person some time before, he is bound to give notice to that person, although he cannot tell whether he continues to be holder at the time of filing the schedule. Pugh v. Hookham,


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2. In general, it is not necessary that the assured should communicate the time of sailing; yet, if it be such as to make the ship a missing ship, then it becomes a material fact, and should be communicated. Ibid.

3. Whether underwriters at Lloyd's must be taken, under all circumstances, with reference to insurances, to be cognizant of the contents of the foreign lists filed in the reading room there-Quære. Ibid.

4. In a question of marine insurance, a material concealment is a concealment of facts, which, if communicated to the underwriter, would induce him either to refuse the insurance altogether, or not to effect it except at a larger premium than the ordinary premium; and a letter containing facts, which, if communicated, would lead to inquiry, which would produce important information, ought to be shewn by the assured to the underwriter. Elton v. Larkins, 385

5. A party is not bound, at the time of effecting a policy, to communicate the time of sailing of the ship, unless at that time it is a missing ship; neither is he bound to communicate any knowledge he may have of the time of sailing of another vessel from the same place, either before or at the same time as his own, unless he knows of something particular having happened to such other vessel, which might affect the insurance of his own. Ibid.

6. Where material facts are known to the assured at the time of effecting a policy, he is bound to communicate them; and the circumstance of their being contained in what are called Lloyd's Lists, which the underwriter has the power of inspecting, will not dispense with the necessity of such communication. Ibid.

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