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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 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, 305
2. Semble, that counts charging a
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 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,
See LARCENY, 1.-MANSLAUGHter, 1, 2, 3, 7.—Murder, 2, 3, 5.POACHING.-RIOT ACT.
1. Where an indictment is tried at Nisi Prius, the nisi prius record does not shew what names were on the back of the indictment. Rex v. Smyth, 201
2. On an indictment for felony, a matter, which was the subject of another indictment for felony, was ma
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, 376
7. A. received from B., an insolvent, the pawnbroker's duplicate of a harp, which was an undue preference under sect. 32 of the Insolvent Act, 7 Geo. 4, c. 57. A. took the harp out of pawn:-Held, that, as against the assignees, A. had no lien on the harp for the sum he paid to take it out of pawn. Ayling v. Williams, 399
8. Semble, that, where a party claims to hold goods for his general balance, he cannot object that a smaller sum, for which he really has a lien, has not been tendered to him.
See PRINCIPAL AND AGENT. 1. It is not necessary, to defeat an action on a policy of insurance on a ship, on the ground of concealment of material facts, that fraud should be
made out; but it is enough, if the information be withheld, although the party withholding may only have erred in judgment. Elton v. Larkins,
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. Ellon 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.
On the trial at bar of an information, the Special Jury were summoned from a distant county, in which the offence was not charged to have been committed-Held, that the Court had no power to order their expenses to be paid. The Jurors who tried this information were only paid one guinea each, and other Jurors who had come from the same county, and had been summoned to try another information, which was not tried, were not paid any thing. Rex v. Pinney, 254
JUSTICE OF THE PEACE.
LANDLORD AND TENANT.
1. A., the landlord of premises, sued B. as assignee of a lease, for rent due, with a count for use and occupation. At the trial, A. put in the lease, which was a lease to W., who had taken the benefit of the Insolvent Debtors' Act. It was proved that B. had occupied the premises, and had treated A. as landlord, and had paid rent to him; but that the lease had never been assigned:Held, that A. could not recover against B., either for the rent or for the use and occupation. Hyde v. Moakes,
2. In ejectment against a weekly tenant, the notice proved was, to quit on Wednesday, the 4th of August.
LANDLORD & TENANT.
The witness who was called to prove that Wednesday was the expiration of the current week of the tenancy, said,
that he guessed" the defendant came in "about a Tuesday or a Wednesday, but had no recollection which :Held, insufficient. Doe v. Bayley, 67
3. A tenant from year to year of a house is only bound to keep it wind and water tight. A tenant, who covenants to repair, is to sustain and uphold the premises; but that is not so with a tenant from year to year. Auworth v. Johnson, 239
4. A., a tenant, owed rent to B., his landlord; B. distrained for more rent than was due, and removed the goods to the auction rooms of C.; A. gave C. notice not to sell, and C. delivered the goods back to the person from whom he received them:-Held, that, as some rent was due from A. to B., C. was not liable to A. in an action of trover. Whitworth v. Smith, 250
5. In case for selling goods under a distress, without appraisement, if the sum produced is less than the fair value to the tenant, he may recover the difference without any allegation of special damage. Knotts v. Curtis, 322
6. A. rented land of B., who was trustec of certain property, a part of which was this land, the rents of which B. was to pay in certain shares; one of these shares belonged to the wife of A. B. had in his hands a greater amount due to A. in right of his wife, than the rent amounted to:-Held, that this could not be set off against the rent, without a special agreement to that effect. Willson v. Davenport, 531
In replevin, a defendant avowed, for rent payable yearly, for rent payable half-yearly, and for rent payable quarterly, and to each of these avowries the plaintiff pleaded non tenuit, and riens in arrear. A holding at a rent payable half-yearly was proved, and half a year's rent to be due, and the jury were directed to find for the plaintiff on the first and fifth is
1. An indictment for stealing a bank-note did not conclude contra formam statuti:-Held, by the 15 Judges, that it was bad. Rex v. Pearson, 121
2. A. went to the shop of B., and asked for shawls for Mrs. D. to look at; B. gave her five; she pawned two, and three were found at her lodgings. Mrs. D. was not called as a witness:— Held, that A., on this evidence, could not be convicted of a larceny in stealing the goods of B. Rex v. Savage, 143
3. A. had consigned three trusses of hay to B., and had sent them by the prisoner's cart; the prisoner took away one of the trusses, which was found in his stable, but not broken up: Held, no larceny, as the pri soner did not break up the truss. Rex v. Pratley,
4. A bible had been given to a society of Wesleyans, and it had been bound at the expense of the society. B. stated that he was one of the trustees of the chapel, and also a member of the society. No trust deed was produced:-Held, that, in an indictment for stealing the bible, the property was rightly laid in B. and others. Rex v. Boulton,
5. If a poacher take a gun by force from a gamekeeper, under the impression that it may be used against him, it is not felony, though he state afterwards that he will sell the gun, and it be not subsequently heard of. Rex v. Holloway,
See EVIDENCE, 3, 4, 10, 11, 12.— SLANDER.
1. The declaration in an action for libel alleged that the plaintiff was a good and faithful subject, &c., and that he was a medical practitioner, and stated the libel to have been published of and concerning him, and of and concerning him in his said practice. No evidence was given of any licence or authority to practise, nor was the plaintiff mentioned in the libel as a regular medical man, but merely as "Physician extraordinary to several ladies of distinction," and "doctor, or rather quack:"-Held, that this did not withdraw the claim to damages in the medical capacity from the consideration of the jury, but that they might give such damages as they thought right, both for that and the libel on the plaintiff's private character. Long v. Chubb,
2. Every wilful unauthorized publication, injurious to the character of another, is a libel; but, where the writer is acting on any duty, legal or moral, towards the person to whom he writes, or where he has, by his situation, to protect the interests of that other, that which he writes, under