Forms of Practice; Or, American Precedents in Personal and Real Actions ... - Benjamin Lynde Oliver - Google Bøker

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For suffering skins to be negligently destroyed by fire, 5 counts. 249

For not re-delivering a note nor paying for the same.

13. FOR NOT ACCEPTING AND PAYING FOR GOODS ACCORDING TO CON-

For not accepting a watch made for defendant, and paying

For not accepting residue of barley sold to defendant, &c.

For not accepting opium sold and paying for the same.

For not accepting hops, and paying for the same; to be deliv-

ered at a certain day, hour, and place, earnest being paid.

For not accepting hops and paying for the same; to be deliv-

ered at a certain day and place, earnest being paid.

For not accepting tow and paying for the same at a place

certain, 2 counts.

For not accepting hops, and paying for the same; earnest

being paid, &c. and subject to be vacated.

Factor v. Principal, for not accepting goods bought, and pay-

ing for the same.

For not accepting and paying for cotton imported.

For not fetching and carrying away cord-wood and paying

for the same; by surviving partners.

For not accepting and taking away a rick of rye-grass, to be

delivered at a certain place, earnest being paid.

For not taking away beans sold to be delivered on request

and paid for at a day certain, earnest being paid.

For not fetching away ashes sold to defendant, to be delivered

from time to time when made.

14. AGAINST CARRIERS.

Consignor v. Carrier, for negligence in the carriage of goods,

Carrier v. Porter, for negligently losing goods, which carrier

was obliged to pay for, 2 counts.

Against the proprietor of a stage coach, for not carrying the

plaintiff the whole of his journey.

Against a water carrier, for negligently carrying goods where-

by they were lost.

Against proprietor of a stage coach, by passenger, for loss of

By Bailee against Carrier for negligence in the carriage of

goods whereby they were lost.

ib.

Against a water carrier, for not delivering goods.

For not delivering money to a third person according to pro-

mise; special damage.

15. FOR NOT ACCOUNTING FOR GOODS; IN NATURE OF ACCOUNT.

For not accounting for proceeds of fish, delivered to be trans-

ported and sold.

Against surviving bailiff, for not rendering an account of mer-

chandise delivered to be disposed of, &c.

For not rendering an account of goods delivered to be sold for

plaintiff's advantage.

For not accounting with plaintiff for the profits of a sum of mon-

ey, received by defendant to be improved for the use of the

plaintiff and his sister, deceased, &c.

For not accounting with plaintiff for his share of fish, received

by defendant, to make, cure and sell for him, &c.

For not accounting with plaintiff for the share of fish belonging

to his minor son.

For not transporting and delivering goods, laden on board a ves-

sel of which defendants were owners.

For not paying over to the plaintiff the proceeds of an adven-

ture, delivered to defendant on half profits.

For not accounting for the proceeds of an adventure, 3 counts.

Owners v. Master of ship, for neglect in disposing of their cargo

and refusing to accouut, and waste and embezzlement, &c.

Owner v. Master, for not delivering cargo to consignee, &c. and

not accounting.

Owner v. Master, for neglecting to lay out proceeds of cargo,

neglecting to account, &c., 3 counts.

For not paying for goods according to special contract to pay

by instalments, 2 counts.

Against owner, for embezzlement of the master.

Second count, for not investing proceeds, and not rendering an
account; with other counts.

ib.

On memorandum in writing of an agreement to transport goods,

and sell them on the plaintiff's account, 3 counts.

For not accounting for an adventure.

For not paying the plaintiff his wife's marriage portion.

On a special promise to keep a chariot in repair one year;

made at the time of sale.

For not accounting for the profits of a ropewalk, 3 counts.

For selling plaintiff's mares for less than plaintiff directed.

Against a broker, for selling plaintiff's indigo on credit, which

he was directed to sell for ready money only.

For a breach of promise of marriage, brought by a woman.

For ditto. by a man against husband and wife, for her

breach of promise of marriage to plaintiff.

For hindering tenant from taking possession according to a parol

lease, 2 counts.

On a bargain respecting the sale of land.

Captain v. Consignee of goods; for freight.

Part owner of a vessel v. part owner, for one half the sum

paid a sailor for wages.

For attorney's fees and costs paid as indorser of the writ.

On a parol agreement and special damages.

For money paid by plaintiff to discharge defendant's debt, at

For not conveying land according to promise in writing.

Master of a coasting sloop v. Owner, for customary wages.

Against, a sailor for leaving a ship, after advance money paid. 295.

On special contract to pay one half in money, and the other

On a special promise that defendant would not appeal from a

judgment, but abide by, and pay the same.

Against the inhabitants of a town, on their committee's contract

to build a school house, &c.

On an agreement to exchange horses, earnest being paid.

Town Treasurer v. Constable, for not collecting a tax.

For privilege or freight money by mariner, 2 counts.

Part Owner v. Master (part owner,) for breach of orders.

Against administrator, on a joint note of intestate and plaintiff,

paid by plaintiff.

On a promise, by note, to repair a wharf.

Against executor, on a special agreement of testator.

Part Owner v. Part Owner, for repairs of a saw mill.

For money due on a settlement, by Judge of Probate, of the

real estate on one heir; against husband and wife.

Against assignee of a term, by assignor, for not repairing accord-

ing to the original covenants of the lease.

By executors, for rent for half a year, due since testator's de-

cease, 2 counts.

Against tenant, for not managing land in a husbandlike manner. 305

For not permitting tenant to carry away wheat, sown during the

term, according to agreement.

For money to be paid for a watch, on death or marriage.

For not paying rent for lodgings for the whole time agreed on. ib.

On a promise to pay for goods if not returned in a limited time. 308

On a promise to pay for goods delivered to a third person on an

allowance made.

On a promise to take back a horse if unsound, and to repay the

For letting a horse to hire to the plaintiff, not capable of per-

forming the journey.

For not completing the purchase of a ship, bought by defend-

ant at auction.

Against administrator, for not conveying land sold by him at

For not returning mare and tackle hired.

On a promise of a reward in a gazette.

Husband and Wife v. Executor of her father, for a legacy.

Against prize agents, for not disposing of a prize to the best

Against agent, for not making insurance.

Against executor, on a promise of testator to make a mortgage. 315

For not paying for goods delivered to a third person, according

to promise of responsibility.

By parson, for not paying salary according to settlement.

For delivering, instead of a china enamelled standish, one made

in imitation only; in nature of case for deceit.

By a collector, for taxes.

Another, stated specially.

For laming a horse, on promises; in nature of case for neg

Against hoyman, for wasting goods; in nature of case for neg-

16. ON VARIOUS OTHER CONTRACTS.

Against owners, for not paying a bill of exchange, drawn by

their captain and indorsed over to the plaintiff.

For not paying an order which defendant promised to pay if

plaintiff would obtain it from A A, 2 counts.

For not collecting a demand whereby the same became barred

by the statute of limitations, 4 counts.

Against an innholder, for suffering plaintiff's horse to stray

For deceit, in the sale and delivery of goods, &c.

For deceit, in warranty, the whole consideration being paid,

For deceit, in warranty of a mare, consideration partly paid,

For deceit, in warranting a mare sound and free from faults.

For deceit, in warranty of a cow and calf, 3 counts.

For selling plaintiff unmerchantable goods, and badly packed. 335

For deceit, in delivering bad cider for good.

For deceit, in the delivery of hops, 2 counts.

Against attorney, for negligence in suing out scire facias; vari-

ous counts, &c.

For supplies furnished to a pauper; in assumpsit; or in debt.

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For the carelessness of defendant's servant in running his stage

against plaintiff's chaise.

Against pilot, for running ship aground.

Second count, alleging carelessness in the owners, third

Against owners, for carelessness of master in running his ship

foul of plaintiff's boat, &c.

Against master of a sloop for running foul of plaintiff's sloop

at anchor, &c.; special damage.

Against owners, for carelessness of skipper in running foul of

plaintiff's schooner; with special damage.

For carelessly kindling a fire on defendant's land, which set fire

to the plaintiff's wood lot.

For carelessly kindling a fire on defendant's land, whereby

plaintiff's barn was consumed.

For kindling a fire in a pasture whereby plaintiff's wood lot

For immoderately driving a horse, &c.

Overloading and immoderately driving a horse, so that he died. 363

For untying plaintiff's boat, by reason of which it was carried

by the current against a bridge and much injured.

For obliterating an nidenture whereby plaintiff lost his debt.

ib.

Against charterers, for sending a ship chartered on a voyage dif-

ferent from that agreed on, by which she was lost.

Against a painter, for not taking a good likeness

By Legatees v. Executors, for not suing a bond given to testa-

Against master of a ship, for not delivering goods.

By owners against Master, for not taking proper care of goods,

Against owners, for embezzlement by master and crew.

Against an innholder, for suffering plaintiff's horse to stray away. 370

Against carrier, for not delivering goods, &c.

2. DISTURBANCE, NUISANCE, &c.

For darkening ancient lights by erecting a building near them. 372

For erecting a privy near plaintiff's dwellinghouse, &c., so that

the tenant insisted on an abatement of the rent, and finally

left the house.

For digging a bank whereby plaintiff's house and wall adjoining

For erecting a dam above plaintiff's dam.

For erecting a mill and obstructing a water-course.

For erecting a dam and obstructing a water-course belonging to

an ancient mill.

For diverting a water-course from an ancient mill.

For overflowing plaintiff's meadow.

For overflowing plaintiff's meadow by erecting a dam.

The same with special damage.

For injury to common pasture, by cutting and spoiling the

&c.; surcharging.

For injury to common pasture, by digging soil, &c., and fencing

For injury to right of common, by driving off plaintiff's cattle.

For obstructing a private way, by digging a ditch, &c.

For obstructing a private way, by locking up a gate.

For erecting a building across a private way.

For obstructing a private way, by erecting a fence, &c.

For obstructing plaintiff's drain, 3 counts.

For stopping a drain.

For building a house so near plaintiff's land that the droppings

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For words containing a charge of forgery, &c., 5 counts, special

Against two, for conspiring together, to charge the plaintiff, a

single woman, with incontinence; special damage, loss of

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