ASSUMPSIT, I. II.

but to another person, which order plaintiffs obeyed. N. becoming bankrupt, his assignees sued plaintiffs in trover for the eight casks. Plaintiffs wrote to defendant, stating that they looked to him for indemnity; and inquiring whether they should defend, and stated that they should settle the action, in default of receiving instructions from him. Defendant denied his liability to indemnify, though he said he was advised the action could not be defended, but he offered to place eight fresh casks of the same article in the plaintiffs' hands. Plaintiffs received the casks, and offered them to the assignees; who, two months after, refused to accept them. Plaintiffs then paid the sum claimed, and costs, to the assignees, and sued defendant for the sum paid and the costs of the action, declaring upon promises to indemnify, in consideration of their not delivering the casks to N., and delivering them to another person: Held,

(1.) That a promise to indemnify to the full amount claimed might be implied from the facts.

(2.) That, whether the right of stoppage as against N. was determined or not, the detaining the goods by the plaintiffs was not such an evidently unlawful act as entitled the defendant to resist the action, as an attempt to enforce contribution or indemnity among wrongdoers.

(3.) That the taking of the last eight casks by the plaintiffs, and offering them to the assignees, was not a waiver or satisfaction of the plaintiffs' claim against the defendant.

Letters between N. and defendant, respecting the original contract and the disposal of the casks, not communicated to the plaintiffs, were offered by the defendant in evidence. Quære, whether they were admissible? Betts v. Gibbins, 57.

2. For debt of third party; when written contract must be set out on pleadings. Pleading, IV. 1.

5. Want of.

(1.) When admitted on pleadings. Pleading, VIII. 1.

(2.) Upon which party proof lies. Pleading, VIII. 2.

II. From what facts contract to indem nify will be implied. Antè, I. 1.

III. What

ASSUMPSIT, III.-V.

III. What is waiver or satisfaction of contract. Ante, I. 1.

IV. Money had and received.

To recover money paid on a consideration which has failed. Statute, V. (2.)

V. Interest.

When it may be recovered. Statute, V. (2.)

ATTACHMENT.

For non-perfomance of award.

1. When award not warranted by order of reference. Award, 3. (2.) 2. What objections to award may be discussed on motion. Award, 6.

ATTESTATION.

Of a deed, effect of, when introduced by a recital. Deed, 2.

ATTORNEY.

I. What Court will enforce on him by order.

1. Delivery of deed on which he has a lien. Executor, 3.

2. Delivery of papers on application of client.

A trustee delivered to his attorney, acting in that character, papers relating to the trust affairs. The attorney himself had some beneficial interest in the trust property. A bill in equity was filed against the trustee, and against the attorney and other parties interested, for a discovery of the property; whereupon the trustee demanded the papers of the attorney, for

the
purpose of preparing his account.
The plaintiffs gave the attorney notice
to retain them, which he did. The
trustee obtained a rule nisi in this
Court for a delivery of the papers to
him. Pending the rule, an order was
made in the chancery suit, at the in-
stance of the plaintiffs, that the attor-
ney, within seven days after service of
the order, should deposit the papers
with his clerk in court. On cause
being shewn soon afterwards against
the rule in this Court, it did not appear
whether or not the attorney had yet
complied with the order in Chancery,
the time for filing affidavits in answer

to this rule having expired before the time for depositing the papers; bnt, inasmuch as the attorney was compellable by attachment to deposit them, this Court discharged the rule. In re Walmsley, 575.

3. Delivery of agreement obtained by him from party in a suit.

A woman of advanced age had obtained a judgment by default, in ejectment, in the Common Pleas, against a tenant in possession; on which judgment possession had been obtained. She was not in the habit of managing her own business. An attorney of this Court, being employed by the tenant's landlord to set the judgment aside, and to have the landlord made a party to the proceedings, but who had not been employed in the original actiou, applied to her to sign a paper, agreeing that the judgment should be rescinded, and the parties replaced in statu quo. At the time of the application and inquiry she did not know that possession had been obtained on the judgment; she was then alone, but mentioned that she had an attorney, whom she should consult.

4.

This Court ordered the first-mentioned attorney to deliver up the paper to be cancelled, though it was stated on his part that the proposal to abandon the benefit of the judgment proceeded from the female herself; and though affidavit was made of merits respecting the right of such attorney's employer to have the judgment set aside. In re Oliver, 620. Account of money received from client.

This Court will not call upon an attorney to repay money, or to account before the Master, on the grounds merely that the attorney obtained such money from his client as if for the purposes of a suit, but that his bill is said not to account satisfactorily for the obtaining and application of such money, that the amount obtained seems immoderate, and that the client states a case of fraud.

Procuring an appearance to be entered by a proctor in the Consistory Court is not a taxable item in an attorney's bill. In re Marris, 582.

II. Lien of, on papers, how far effectual.
Prohibition. Executor, 3.
III. Cer-