A Treatise on Pleading, and Parties to Actions

[oring to regain it, 194

for total loss of ship and freight by capture, for expenses incurred in endeav-

total loss of goods by capture and re-capture, 194

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 the coast of America, 197

loss by ship being seized by savages, ib.

Loss by Pirates.

DECLARATIONS IN ASSUMPSIT-(continued.).

II.

SPECIAL COUNTS—(continued.)

V. ON SEA POLICIES OF INSURANCE (continued.)

Loss by Barratry (continued.)

the like in a more general form, 198

loss by putting in smuggled goods, 199

ship confiscated by master's taking her into hostile port, 200

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 expenses in endeavoring 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 claims 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 anchor 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 despatching ship and not loading her, 221.

by owners of ship against assignee of freighter, for damage in detaining ship

beyond days of demurrage, and for freight, primage, and average, 226.

IX. ON WAGES, 226 b to 235

on horse race for a hunter's sweepstakes, 226 b.

on horse race agreement; sum forfeited for not running, 230

for money won by betting at horse-race, 232

on wager concerning weight of hogs, 233.

for recovery of money lost at cribbage, 234

L. ON FEIGNED ISSUES, 235 to 241

feigned issue with two counts, at the suit of surviving partners, first coun' to try

petitioning creditor's debt; second, to try bankruptcy, 235

the like to try trading of a supposed bankrupt, 239

pleas, ib.

feigned issues devisavit vel non 240

the like to try whether party heir at law or not, 241

XI. ON AWARDS, 241

on parol submission to award, ib.

XII. ON FOREIGN JUDGMENT, 243 to 245.

on Jamaica judgment, 243

on a Scotch decree at suit of assignees of a bankrupt, 245

XIII. FOR LEGACIES, 245 to 247

against executor on promise to pay legacy in consideration of forbearance, 24P

DECLARATIONS IN ASSUMPSIT—(continued.)

II.

SPECIAL COUNTS—(continued.)

XIV. FOR CONTRIBUTION TO PARTY-WALLS, 247 to 250

on 12 Geo. c. 48. 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, 247

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 A THIRD PERSON, 252

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

[notice, 259

by a school master, for taking away pupil from school without a quarter's

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

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 unsound, 273

XX. RELATING to Contracts of Exchange, 274

on promise to pay money on exchange of horses, ib.

XXI. RELATING TO CONTRACTS OF LOAN, 275 to 278

for not replacing stock, &c. 275

for not discounting bill, 277

XXII. ON WARRANTIES, 279 to 286

on warranty of a horse, &c. to be sound &c. 279

on warrantry 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, 290

DECLARATIONS IN ASSUMPSIT-(continued.)

II. SPECIAL COUNTS-(continued.)

XXIII. RELATING TO THE SALE, &c.—(continued.)

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

against tenant for not using premises in husband-like manner, and according to

custom of country, 308

[310

breach for ploughing up grass land, and cropping land, without manuring same,

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, 314

XXIV. ON GUARANTEES, 314

on guarantee for goods sold to a third person, ib.

on guarantee to pay debt of third person in consideration of forbearance, 816

XXV. ON PROMISE TO INDEMNIFY, 316 to 319

against landlord for not indemnifying tenant from ground-rent, 314

by acceptor of accommodation bill, for not indemnifying, 316

by maker of promissory note, made for accommodation of defendant, for not in-

demnifying, 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, 825

for turning servant away without notice, 326

for preventing plaintiff completing a work, 328

XXVIII. TO PERFORM WORKS, 330 to 332

for not 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, 884

for not returning casks, or paying for them, 335

against a pawnproker for losing a pledge, 336

against the hirer of a horse for riding it improperly, &c. 386

for not taking care of furniture left to defendant, 339

against a watchmaker, for losing watch delivered to repair, 340

general count against bailee for not taking care of goods, 342

XXX. AGAINST AGENTS, FACTORS, &c. 343 to 351

[844

against agent for not accounting for goods consigned at different times, for sale,

against agent employed to sell, for not accounting, 342

DECLARATIONS IN ASSUMPSIT—(continued.)

II. SPECIAL COUNTS—(continued.)

XXX. AGAINST AGENTS, &c.—(continued.)

against agent for not using due care in sale of goods, 347

on promise to be responsible in del credere commission, 348.

against factor for selling on credit to person who became insolvent, ib.

against shopman for selling on credit, against orders, 349

for not accounting for produce of bill defendant had to get discounted, 350

XXXI. AGAINST WHARFINGERS, 352 to 355

for losing a hamper to be shipped by him, 852

several counts thereon, 353, 354.

XXXII. AGAINST A FARRIER, 355

for badly shoeing a horse, ib.

XXXIII. AGAINST CARRIERS BY LAND, 356 to 365

for loss of goods, 356.

for not carrying a passenger, 359

for taking more passengers than defendant ought, whereby plaintiff prevented

from proceeding on journey, &c. 360.

for negligence, and overturning coach, whereby plaintiff's arm broken, 362

XXXIV. AGAINST CARRIERS BY WATER, 365 to 871.

against captain, on bill of lading, for loss of goods, 365

by master against owner of goods, for not unloading, whereby plaintiff lost freight
&c. 367

against owner of goods, on implied undertaking they might be lawfully carried, 369

XXXV. AGAINST ATTORNIES, 871 to 483

for negligently conducting cause to trial without evidence, 371

general count against attorney, for improperly conducting an action, whereby

plaintiff did not recover in it, 374

against an attorney for not obtaining judgment as soon as he ought to have done, ib.

for not putting in bail, whereby sheriff fixed, ib.

for not putting in a sufficient plea, 375

for not appearing, and suffering judgment against plaintiff, 376

general count against an attorney, for improperly conducting a defense to an action

whereby defendant failed in it, 377

for not giving note to defendant in former action, to pay him 3s. 6d. per week,

whereby defendant discharged under insolvent act, 378

for not ascertaining title, whereby plaintiff, having bought estate, could not

re-sell, 379

for not taking sufficient security on purchase of annuity, 381

general count against an attorney, for negligence in investigating security, 383

against attorney employed to settle debt due to plaintiff, for not accounting for

monies received, ib.

DECLARATIONS IN DEBT.

L. BEGINNINGS AND CONCLUSIONS.

declarations in debt in K. B. by bill or latitat, 384

COMMON COUNTS.

form of the indebitatus count in debt, 385

various descriptions of debt, 39 to 90

form of the quantum meruit count in debt, 885

money lent, 386

money paid, ib.

money had and received, 387

account stated, ib,

breach, ib.

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A Treatise on Pleading, and Parties to Actions: With Second and ..., Volum 2