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DECLARATIONS IN ASSUMPSIT-(continued.)
II. SPECIAL COUNTS-(continued.)
III. ON INLAND BILLS OF EXCHANGE-(continued.)
the like on bill with a wrong date, 145
by drawer of bill payable to his own order, 146
drawer against acceptor, on bill payable at particular place, ib.
on bill returned to and taken up by drawer, 117
on acceptance varying as to time from bill, 148
on acceptance payable on contingency, 149
payee against acceptor, on general acceptance, ib.
by payee of bill drawn by firm, 150
on bill drawn by agent, ib.
payee against acceptor of bill payable at a particular place, ib.
the like in another form, 152
indorsee against acceptor, on a general acceptance, ib.
indorsee against acceptor, where bill payable at bankers, &c. 153
short indorsements, 124
indorsement by a firm, ib.
indorsement by agent, 155
[&c. ib.
by holder of bill payable toorder of fictitious payee against drawer,
indorsee of executor or administrator, 156
partial indorsement, ib.
payee against drawer, on default of acceptance, ib.
the like where no effects in drawee's hands, 157
payee against drawer on default of payment, ib.
the like on default of payment, where bill payable at particular
place, 158
payee against drawer on default of payment, where no effects, 159 payee against drawer or indorser, when drawee not found, 160 by payee or indorsee against a drawer or indorser, who dispensed with presentment, ib.
indorsee against drawer, stating protest, 161
against drawer or indorser, on default of acceptance, ib.
indorsee against drawer, on default of acceptance where no ef- fects, ib.
indorsee against drawer or indorser, on default of payment gen-
erally, 162
the like on default of payment at particular place, ib.
indorsee against drawer on default of payment, where no effects, ib.
by baron and feme, on bill to feme whilst sole, against acceptor, ib.
by baron and feme against drawer or indorser, where bill became due
after marriage, 162
by husband alone, where he married before the bill became due, 163
against baron and feme, on bill accepted by her whilst sole, ib.
by surviving payee or indorsee against acceptor, ib.
by surviving partners, &c. against drawer or indorser, where bill be-
came due after death of partner, 164
against surviving acceptor, ib.
[ceased, ib.
against surviving drawer, &c. where bill dishonored in life-time of de-
against surviving drawer or indorsor, where bill dishonored after death, ib.
by assignees of bankrupt indorsee against acceptor, 165
by assignees against drawer, &c. where bill due after bankruptcy, ib.
by executor or administrator of payee, &c. against acceptor, ib.
by executor, &c. of payee, &c. against drawer, where bill due after death,
[above six years, ib.
by executor, &c. on promise to him, against acceptor, where bill due
against executor or administrator of acceptor, 167
166
11. SPECIAL COUNTS-(continued.)
167
IV. ON FOREIGN BILLS OF EXCHANGE, 167 to 178
drawer against acceptor of bill payable in foreign coin at usances,
the like in another form, stating more fully the duration of usance, 169
drawer against acceptor, where bill paid supra protest by third person, ib.
by indorsee against acceptor of bill at usance in two parts, one accepted,
the other indorsed, 170
special indorsements in full of one part of bill stating time and place, 171
payee or indorsee against drawer, &c. on refusal to accept, 72 [173
second indorsee against first indorser of bill protested for non-acceptance,
payee or indorsee against drawer or indorser, on refusal of drawee to pay,
174
[payment, 175
payee against drawer, on bill protested both for non-acceptance and non-
by indorsee against acceptor supra protest, 176
the like by indorṣee in another form, ib.
by drawee who accepted supra protest, for non-acceptance for honor of
second indorser against first indorser, 177
v. ON SEA POLICIES OF INSURANCE, 178 to 208
on policy on goods lost by capture, by the broker, 178
commencement of second count on policy, 183
Property insured and Interest.
on insurance on freight stated, 183
on insurance on expected profits, 184
insurance on moiety of ship-interest in several persons, ib.
plaintiff interested in two thirds, and others in residue, 185
another form, where plaintiff interested in two-thirds of a ship, ib.
the like where some persons interested in ship, and others in goods, 186
averment that no British subject was interested, ib.
on an insurance of money lent on respondentia, ib.
averment where name of ship mis-stated in policy, 188
on policy varied after effected, but not as to subject-matter, ib.
statement of alteration of terms after commencement of risks, ib
averment that ship sailed with convoy, &c. 189
Losses by Perils of Sea.
loss of ship and goods by stormy weather, 189
more general statement of loss by perils of sea, 190
loss by shipwreck, ib.
the like in another form, ib.
loss by sinking of ship, ib.
ship leaky, lost while putting into port, ib.
loss by sinking among rocks, 191
loss by ship foundering at sea, ib.
loss by ship being cast on rock, and tempest, ib.
ship lost by storms, and ice, and foundered, 192
loss of ship and freight by stranding, ib.
goods damaged by leak sprung in storm, ib.
Loss by Worms.
ship eaten by worms, lost in a storm, 192
Loss by Ships running foul.
loss by another ship's running down ship insured, 193
Loss by Fire.
ship and goods burnt at sea, 193
Loss by Capture.
loss by capture of ship and goods, 193
for total loss of ship and freight by capture, for expenses incurred in en-
deavouring to regain it, 194
-
v. ON SEA POLICIES OF INSURANCE (continued.)
Loss by Capture—(continued.)
total loss of goods by capture and re-capture, ib.
loss by being fired upon and sunk by enemy, 195
total loss of goods, ship compelled to go into Cadiz, confiscated by the
king of Spain, 196
Loss by Arrest or Detainment.
ship detained on coast of America, 197
loss by ship being seized by savages, ib.
Loss by Pirates.
ship taken by rebel Americans, 197
Loss by Thieves.
ship damaged on voyage by unknown persons, and robbed, 198
Loss by Barratry.
by barratry of master and mariners, 198
the like in a more general form, ib.
ship confiscated by master's taking her into hostile port, 200
loss by putting in smuggled goods, ib.
Average Losses.
for average loss of goods damaged by sea water, 200
ship stranded and disabled, and obliged to be unloaded and piloted, 202
for rateable part of expense in endeavouring to recover ship, 203
the ship damaged by bad weather; her cables, masts, &c. cut away;
plaintiff obliged to pay salvage, &c. ib.
average loss where ship sprung a leak, and forced to put into Lisbon, &c.
204
average loss on sugars wetted by sea, &c. 205
for average loss, anchor, &c. cut away, 206
for average loss, by tackle, &c. burnt, ib.
for average loss, goods stolen while ship detained by embargo, 207
Statement of Abandonment.
where plaintiff abandoned his claim to ship, 207
Statement of Adjustment.
statement of adjustment of loss in an action on policy, 208
VI. ON LIFE POLICIES, 208 to 216
on policy against insurer underwriting by agent, 208
on policy on life of third person, against Atlas Company, 211
VII. FOR GENERAL AVERAGE, 216 to 220
at suit of owner of ship against owner of goods, loss occasioned by an-
chor being cut away, 216
average loss, anchor cut away, and sails blown away, 219
average loss, where ship bilged in port by weight of cargo, 220
VIII. ON CHARTER-PARTIES, 221 to 226
owner against freighter for not dispatching ship, and not loading her, 221
by owners of ship against assignee of freighter, for damage in detain-
ing ship beyond days of demurrage, and for freight, primage, and
average, 226
ix. On Wagers, 226 a to 235
on horse-race for a hunter's sweepstakes, 226 a.
on horse-race agreement; sum forfeited for not running, 229
for money won by betting at horse-race, 232
on wager concerning weight hogs, 233
for recovery of money lost at cribbage, 234
x. ON FEIGNED ISSUES, 235 to 241
feigned issue, with two counts, at the suit of surviving partners, first
x. ON FEIGNED ISSUES (continued.)
count to try petitioning creditor's debt; second, to try bankruptcy,
XI. ON AWARDS, 241
on parol submission to award, ib.
XII. ON FOREIGN JUDGMENTS, 243 to 245
on Jamaica judgment, 243
on a Scotch decree at suit of assignees of a bankrupt, 245
XIII. FOR LEGACIES, 245 a to 247
[245 a
against executor on promise to pay legacy in consideration of forbearance,
XIV. FOR CONTRIBUTIONS TO PARTY-WALLS, 247 to 250
on 12 Geo. 3. c. 78. s. 41, for moiety of expense of pulling down an old
wall, and building party-wall, where two buildings were of same rate
or class, ib.
the like where there was an old party-wall, before the new party-wall
was erected, 248
the like by lessee for years, in whom the property of party-wall was vested,
for defendant's share of expenses of party-wall, which he had cut into, 248
the like by executor to recover moiety of expenses of building party-wall,
used by defendant after death of testator, 250
xv. TO PAY MONEY FOR FORBEARANCE TO DEFENDANT, 251
on promise to pay costs of action in week, in consideration of stay of
proceedings, ib.
XVI. TO PAY MONEY FOR FORBEARANCE TO THIRD PERSONS, 252 a on promise to pay debt of third person in consideration of forbearance, ib.
on promise that if plaintiff would withdraw distress for rent on goods of
third person, defendant would pay the rent, 253
XVII. TO PAY MONEY IN CONSIDERATION OF MARRIAGE, 254
on promise to pay £200, if plaintiff would marry C. D., ib.
XVIII. TO PAY MONEY, &c. FOR SERVICES AND WORKS, 256 to 261
special count for board wages as hired servant, 256
for a reward offered for a prisoner, who had escaped, ib.
for a reward advertised for discovering an offender, 257
on promise of reward if plaintiff' would arrest a felon, 258
by a schoolmaster, for taking away pupil from school without a quarter's
notice, 259
the like on executed consideration, 260
XIX. RELATING TO SALES OF GOODS AND PERSONALTY, 261 to 274
for not delivering bill of exchange for goods sold, 261
on contract of sale and return, for not returning or paying, 263
for not accepting goods sold, 264
for not accepting goods made for defendant, 265
for not taking away goods sold at auction, 265 a
the like where there has been a re-sale, 267
for not delivering goods within specified time, 268
for not delivering goods at a particular place, 270
special damage by reason of non-delivery of goods, 272
for not providing another horse or returning money, where horse un-
sound, 273
XX. RELATING TO CONTRACTS OF EXCHANGE, 274
on promise to pay monev
1
ange of horses, ib.
XXI. RELATING TO CONTRACTS OF LOAN, 275 to 278
for not replacing stock, &c. 275
for not discounting bill, 277
xxii. În WARRANTIES, 279 to 286
on warranty of a horse, &c. to be sound, &c. 279
on warranty on exchange of horses, 281
for not furnishing, &c. good hams, 282
on false warranty of bank note, 286
XXIII. RELATING TO THE SALE, USE, &c. of REAL PROPERTY, 287
to 314
against vendor of estate for not making title, 287
general count for not making a good title to premises for residue of term,
within reasonable time, 289
against publican, for not having title to assign his lease, 290
by vendor, for not completing purchase, and paying loss on re-sale, 291
against vendee on public-house agreement, 296
against vendee for not taking fixtures and stock in trade, 299
by outgoing against incoming tenant, for price of crops, &c. valued, 301
the like in another form, 305
the like for fixtures, 307
landlord against tenant, for breach of express agreement to consume straw on premises, &c. ib.
against tenant, who held premises in question after end of lease, on terms of such lease, for not repairing, &c. 307 a
against tenant for not using premises in husband-like manner, and accor-
ding to custom of country, 308
breach for ploughing up grass land, and cropping land, without manuring
same, 310
for taking successive crops without manuring land, ib.
against tenant for keeping and leaving premises out of repair, 311
against landlord for not indemnifying tenant from ground-rent, 313
XXIV. ON GUARANTEES, 314
on guarantee for goods sold to third person, ib.
on guarantee to pay debt of third person in consideration of forbearance,
316
XXV. ON PROMISES TO INDEMNIFY, 316 to 319
by acceptor of accommodation bill, for not indemnifying, 316
by maker of promissory note, made for accommodation of defendant, for
not indemnifying, 318
for not indemnifying bail to the sheriff, 319
XXVI. ON PROMISES TO MARRY, 321 to 324
for not marrying, 321
to marry at a particular time, 324
XXVII. ON PROMISES TO SERVE AND EMPLOY, 324 to 329
for not receiving hired servant into service, 324
by mariner for not suffering to go as boatswain in defendant's ship, 325
for turning servant away without notice, 326
for preventing plaintiff completing a work, 328
XXVIII. TO PERFORM WORKS, 330 to 332
for nor performing building agreement, 330
for not fixing steam engine properly, 331
special damage thereto, 332
XXIX. AGAINST BAILEES IN GENERAL, 333
against a bailee without reward, for not taking care of goods, 334
for not returning casks, or paying for them, 335