See Infurance, 3. II..15. 16. ai.

Abfent Debtor.

1. If an abfent debtor's eftate be by the truf-

tees admitted to have a furplus after
payment of all demands, and retaining
a part in hand fufficient to anfwer de-
mands that may conic againft it, the
court will order part to be paid cither
to ihe debtor or his agent. In re Paul
X. Randall, 513

Accountable Receipt.
See Promiffory Note, I.

Sec Ejeftment, 1.

Act of Bankruptcy. «

See Bankrupt, 2.

Acts of Congrefs, conftrued and

3. An act for the valuation of lands and

dwelling houfes and the enumeration of
Haves within the United States, 91

4. An aft concerning the regiftering and re-

cording of veffels, 363

J. An aft further to fufpend the commercial
intercourfe between the United Statea
and France and the dependencies there-
of, 568
6. An aft to regulate the collcftion of duties
on imports and tonnage, 568

Acts of the Legiflature conftrued
and expounded.

I. An aft for regulating the buildtngs.ftreets,
wharves and flips in <he city of New-
York, .543

1. An aft for fupplying the city of New-
York with pure and A'holclbme water,


t. An act to fufpend the commercial inter-

courfe between the United States and

France and the dependencies thereof,

60. 568

2. An aft to lay and colled a direct tax with-

in the United States, 9)

3. An aft for regiftering deeds and convey-

ances relating to the military bounty
lands, 8}

4. An aft to eftablifh a turnpike corporation

for improving the road-from New-Le-
banon to the city of Hudfon, 381

5. An aft to amend an act entitled "an act

to eftabliih a turnpike corporation for
improving the road from the city of
Hudfon to the line of Maffachufetts on
the route to Hartford, 177

6. An aft to eftablifh a turnpike corporation

for improving the road from the houfc
of John Weaver in Water Vliet to
Cherry-valley, i8»

7. An aft concerning fheriffs and their du-

ties in refpeft to procofs, arrefts and the
keeping of prifoncrs, 181.450

8. An aft for the more fpeedy recovery of

debts to the value of twenty-five dol-
lars, 191. 486

9. An aft for giving relief in cafes at infol-

vency, *~ 249.34*

To. An ad for the relief of debtor*, with ref-
pect to the imprifonment of their per-
fons, 67

11. An aft for the fale and difpofition of
lands belonging to the people of this
flate, and for other purpofes therein
mentioned, 185

13. An act relative to the harbour-matter
and matter and wardens and pilots of
the port of New-York, 104

13. Act for more eafy pleading in certain
fuits, 353


Sec Agreement, 1. Afiiimpfit. Breach of
Orders, 1. Contract, 1. Corporation, u
Efcape, 1. Libel, 3. Money had and re-
ceived, 1. Practice, 19. Promiffory None,
2. Slander, 1. Venue, 1.

I. Caufe of action muft exift before fuing
out the writ. If it appear on the re-
cord to be otherwife, it will be fatal on
demurrer. Lo-wry i>. Lawrence, 69

3. An action is not maintainable for faying
one is forsworn, aliter that he is perjured!
In an action for words, if thole in fomc
counts be actionable and thofe in others
not, and entire damages given, judg-
ment will be arretted; but had the plain-
tiff applied, he might have had, on pay-
ment of coils, a venire de novo, Hep-
atite v. Beedle, 347


See Infurance, 16.


See Infurance, 1. 16.


See Efcape, 1. Juftices, 1.


See Agent, 3.

Adverfe Pofleffion.

Sec Holding over. Poffeflioi).

[blocks in formation]

I. An agent's agreement to give part of the
profits arifing from merchandize eo-
trufted to him, in order to fell the reli-
due under the contract of another, i»
obligatory on his principal. LyU v.
CLif n, %%x

3. The acts of a principal are to be liberally
conttrued in favour of an adoption of
the acts of an agent. Cakcfi and w
iber v. Hacker t 5-6


See Agent, I. Contract. Evidence, S.
Frauds, ftatute of, 1. Practice, *%. 63.

I. An action will lie on an agreement by a
third perfon, to procure, after the dis-
charge of a debtor under the infolvent
act, his note for a compofition on the
original debt due the plaintiff, in conii-
deration of his giving up the defendant's
note for the fame fum, that it might
not obftruct his difcharge. If a femrity
be depofited, on returning of which
the depofitary will be entitled to ibme>
thing in lieu, an action may be inHandy
brought on tendering the deport, and
an offer of it the day after fuit brought,
i> not ;i defence. RifUyv. WarJtil, 175


See Practice, 61.

Sec Certiorari, 1. Practice, 8. 17. 19. 34.
5$. 63. 64. 73- °i- 95- Sheriff, 1. Slan-
der, 1. Venue.

Anfwer in Chancery.
See Evidence, 1.


See Insurance, 9.


Set Forcible Entry and Detainer, 1. Prac-
tice, 33. 36. j6. 78. 89. 91,


See Manhattan Company, 1.

See Infant, 1. Phyfician, 1.


See Award.

See Bankrupt, 1. Evidence, 3. Practice, 41.

Arreft of Judgment.

See Action, j. Libel, 3. Practice, 35. 73.
Venire, 1.

Afleflment of Damages.

See PraQice, 82.


See Covenant, 1.


See Action.

1. If a perfon bind himfelf under hand and
feal to do a certain act for a certain con-
fideration, aflumpfit will lie to recover
back the confederation paid, if the ad
be not done. iVtavtr v. Btntlry, 47

V AiTumpfit will not lie, by a branch pilot
of New-York, on a contract made with
a velfel in diitrefs. CaUagan and tthtrt
v. Haiku to" Bmcnt, 104

3. In aflumpfit on mutual promifes, they
mull be laid in the declaration as con-
current, if ftated to be afterwards, to
wit, on the fame day, it is bad and the
promife a nudum pactum. Livingllen
v. Rogert, 583


See Limits, 1. Practice, 78.


See Indictment, ». Practice, 28. 67.70. 88.
Witnefs, a. 5.


Sec Infurance, 3. 11.

See Infurance, 4. 7.

I. Goods laden on deck and ejected are not
fubjects of general average. Smith W
Stanley v. Wright, 43

3. Wages and provifions during the deten-
tion of a veffel captured and carried in
for adjudication are fubjecf s of general
average. If a veffel be captured during
her voyage, in fettling the proportion
of average, the freight will be chargea-
ble up to the day of capture. The a-
mount on which a general average, in
cafes of capture, is to be calculated, is
the cargo on its firft coft or invoice price
and charges at the port of departure;
the veffel on four fifths of her value at
the fame place; the freight at one half
agreed to be paid. Leaiimviorth v. De-

hfau* sn


See Pleas and Pleading, I.


I. An award in trefpafs that "the faid fuit
fhall be no further profecuted"is fuffici-
ently final and certain, and a good h.-r
to an action on the cafe for the fame of-
fence. Purdy v. DtUvan, 304

[ocr errors][merged small]

See Bankrupt, a. Infolvent, i. Practice,
12. 30. 61.

I. If bail be fixed after their principal has
been difchargcd under the infolvcnt or
bankrupt law, an exoneretur will be
ordered on payment of cofts. Seaman
v. Drake,?

i. When an attorney has been, from parti-
cular circumftances, induced to autho-
rize the iheriff to difcharge a prifoner,
on a Angle bail, who afterwards turns
out to be infolvent, the court will, if no
oppofition be made, and the attorney's
conduct appear bona fide, allow him
after tiling common bail under the fta-
tute, to put in fpecial bail for the pur-
pofe of obtaining a furrender of the
principal. Gileirifl v. Van Wagenen, 499


On production of a certificate under the
baskrupt law of the United States,
granted in a fifter (late, the court will
difcharge from cuftody on motion.
'Junes v. Emcrfon, 487

If commiflioners of bankrupt, in their de-
claring a man a bankrupt fpecify the
day when he became fo, it is not con-
clufiTe as to the time, they having no
authority to decide it. If a man go to
prifon on the firft of the month, conti-
nue there 60 days, in the courfe of which
he is fixed as bail for another, and at the
expiration of that period be declared a
bankrupt on a commifiion duly fued out,
he will be exonerated from his recogni-
zance, and an execution taken out upon
it be fct afide. In fuch a cafe the plain-
tiff may prove his debt under thecom-
millioii. Ratbbwe v. Blackford, 588

Bill of Exchange.

Sec Partners and Partnerfhip, 1. a. Promif-
fory Note. Witm-is, j.

1. The want of funds belonging to the
drawer excufes notice of non-payment
as well when the bill is accepted as when
not. Huffman (9* Seta* v. Smki, 1.J7

See Covenant, 1.

1. A bond to indemnify agalnft an efcape if

given after an efcape (offered is good.
Within* a condition to lave harmlefi
from what the plaintiff might be obliged
to pay "after due proceedings had
"againft him, and adjudged and de-
creed," a judgment by default may be
fhewn, fuch judgment is not' in itfdf
fraudulent, and unlefs fraud be fhewn, t*
is a damnification within the bond.
Given v. Drfags, 4JO

2, If judgment be figned for the whole pe-

nalty of a bond hot due, bat forfeited
for non-payment of intereft, execution
■will be ftayed on bringing in the intereft
and cofts, the judgment Handing as a
fecurity. Btmmc v. HaJlett. $lt

Breach of Orders.

1. If a mailer of a {hip be guilty of a breach
of orders, by purfuing voyages contrary
to his instructions, and invefi the pro-
ceeds "of his freight in articles which his
owner takes to, this, if accompanied with
a declaration that they find no fault whh
him but for not writing, will be a wai-
ver of any right to fue for damages on
account of dSobediencc. CtJrufr and
another v. Hacker* 526

See Award, 1. Limitation, 1. Poffeffion, 2.

Bill of Exceptions.

Sec Mandamus, 1.


See Infurance, 1.


See Commiflions, I,

I. For goods fhipped on deck, and eje&ed,
an owner is not liable as a carrier.
Smith tS" Stanley v. Wright, 43


See Insurance.

Cafe made and making.

Sec Praaice, i*. 19. ao. 34. 49- ?*•


*ec Bankrupt, I. Judges' Certificate. Stay
of Proceedings.

SeeWitnefs, 7.

I. Certiorari amendable according to the af-
fidavit on which obtained. Knapf v.
Palmer, 486


See Collateral Iffues, 1.

Sec FraAicc, 80.


See Cofts, a. Iffue, 1.


See Infurance, 8.

See Practice, 24.

I. Judgment may be entered on a cognovit
in vacation. Ardin & Chfe v. Sice Uf
mtben, 499

Collateral Iffues.

1. On collateral iffues the firft feflionof the
aft for regulating certain criminal pro-
ceedings does not extend. If on fuch
the prifoner (land mute the court will
enter a plea for him, on which no per-
emptory challenge. The Pnfle v.
Ycungj, 37


See Praaice, 1. 33- 40..85. 9°- 93-

1. If a witnefs under a commiffion difclofe a
collateral fa&, to which the enquiry was
not directed, a fecond commiflion may
iffue to examine as to that feci. Nuotl
tS" Tbompftm v. Col. In. Company, 345

See Infurance, 18.

x. Where commiffions are allowed to a cap-
tain on his fales and inveitments,he will
not be entitled to commiffions on goods
he carries to deliver according to an an-
tecedent contract made by his employer,
and for which he does nor receive pay-
ment. Miller t. Livingjlon, 349

Commiffioners of Bankrupt.
Sec Bankrupt, a.
See Agreement, 1.
See Praaice, 15. 60. Sheriff, 3.


See Infurance, 6. 8. 9.
See Bond. Intrufion, I. People, I.

« ForrigeFortsett »