ABATEMENT OF ACTION-Death of Plaintiff-2 R. S., 386-Code,
121. Executor-Practice-Replevin or Detinue for Goods
taken away-Goods sold-What action
ACCEPTOR OR ENDORSER OF NEGOTIABLE PAPER, What
enables, to defeat action on
ACCOUNT BOOK, Charge in, Admissible when-Evidence
ACCOUNTS MUST SHOW BASIS OF COMMISSIONS-Principal
and Agent-Factors selling on Commission
ACKNOWLEDGMENT OF WILL, WHAT SUFFICIENT-Weight
of Evidence of Subscribing Witness when dead. 2 R. S., 63
See WILL. 3.
ACQUITTAL UPON DEFECTIVE INDICTMENT-When no Bar
to further prosecution. 1 R. S., 586.] An acquittal upon an in-
dictment which is so defective that no judgment could be given
upon it, is no bar to a further prosecution for the same offence. A
trial upon such an indictment does not legally put the prisoner in
jeopardy, within the meaning of the Constitution of the United
States.
ACTION AGAINST CLAIMANT AND HIS TENANT, Joint-
When proper-Real Estate.
BY ASSIGNEE AGAINST SHERIFF, Survives when—
BY CREDITOR subsequent to Gift of Husband to Wife, to
ON NEGOTIABLE PAPER, What enables Acceptor or
Endorser to defeat
ON NOTE OBTAINED BY DURESS procured by Charge
of Rape, In, what Defendant may prove
WILL NOT LIE to recover Personal Property taken for Tax,
when.] An action for the recovery of personal property subject to
execution cannot be maintained where it is taken by the proper
officer in virtue of a warrant issued for the collection of a tax, assess-
ment, or fine, pursuant to a statute of the State. It is otherwise,
however, when it is apparent on the face of the warrant that it
was issued without jurisdiction.
ACTUAL TENDER-Offer to pay not equivalent
USE OF A MACHINE-Contract to pay Toll for use of
means, not capacity-Patent Right
ACT, UNLAWFUL, Influence with Officer to procure, consideration of
ADMINISTRATION, INFLUENCE WITH, not lawful Subject of
Contract-Brokers, when duty complete
ADMISSIBILITY OF CHARGE IN BOOK ACCOUNT-Evidence
See EVIDENCE. 1.
ADMISSION OF REGULARITY OF BOND to Release Vessel-Me-
chanics' Lien-Laws 1862, Ch. 482 .
AGENT AND PRINCIPAL-Factors selling on Commission-Ac-
counts must show basis of Commissions
TO BUY STOCK may not sell to his Principal-Sale voidable
See STOCK.
AIDING PASSENGERS on and off Railroad-Negligence-Company
ALLEGATIONS NOT DENIED, when Evidence-Pleadings-Docu-
mentary Evidence may be supplied on appeal, when
ALLOWABLE AS SET-OFFS, WHAT-Bankruptcy-Insurance
Companies-R. S., 469, §§ 68, 70, 72, 74.
APPEAL-Authority for Record without Order for Judgment by
General Term.] Where upon the record there does not appear to
have been any order of the General Term upon which judgment
was entered-but it only shows the trial, the verdict of the jury,
and a statement that a new trial was denied, there is no author-
ity for an appeal to this Court.
FROM ORDER OF REFEREES-Certiorari-Fees, when
due, and what-Laws 1847, Ch. 455, § 9
TO COURT OF APPEALS, Exceptions necessary to
See EXCEPTIONS.
When Documentary Evidence may be supplied on-Plead-
ings-Allegations not denied, when Evidence
APPEALS, COURT OF, when Referee's Finding Reversed on Quest'on
of Fact, open to-Certificate of Deposit Transferable as Donatio
Mortis Causâ
ARCHITECT, PAYMENT ON CERTIFICATE OF, What Certificate
-Building Contract-Time of Contract binding, when?
ASSIGNEE, ACTION BY, against Sheriff, Survives when-Abates
OF MORTGAGE entitled to be Party, when-Practice
-Foreclosure Suit
ATTESTING EXECUTION OF DEED-Perjury—Indictment, what
sufficient averment
ATTORNEY-General Authority ceases, when-Costs-Statute of
Limitations begins to run when.] It seems that the general authority
of the attorney in a case ceases at the rendition of judgment
therein, and his fees then become due and payable. The subse-
quent proceedings requiring the services of an attorney are only
contingently necessary, and when necessary may be performed by
another with substitution. The right of the attorney to collect his
costs is in no degree dependent upon their being collected.
The Statute of Limitations upon a demand for attorney's fees and
costs, commences running from the date of the judgment in the
cause in which the services were rendered, and the costs accrued.
ADAMS v. FORT PLAIN BANK
AUTHORITY FOR APPEAL-Record without Order for Judgment
by General Term
AVERMENT IN INDICTMENT, What Sufficient-Perjury-Attest-
ing Execution of Deed
BAILOR-Shipper-Carrier may set up Right of Owner against, when
See SHIPPER.
BANK CERTIFIES NOTE GOOD BY MISTAKE-Endorser, liable
when
See NOTE. 1.
BANKRUPTCY-Insurance Companies-R. S., 469, §§ 68, 70, 72, 74.
-Set-offs—what allowable as.] The provisions of the statute in
respect to receivers of insolvent insurance companies, being vested
with all the powers and authority conferred by law upon trustees
of insolvent debtors (2 R. S., p. 469, §§ 68, 70, 72, 74), are the same
as the English Bankrupt act. Consequently the receiver in adjust-
ing accounts between the insured and the insolvent company
must allow as set-offs mutual debts, and all credits and transactions
ex contractu, which credit or contract must ultimately terminate in
a debt, although not liquidated or payable at the time of the
bankruptcy.
BAR TO FURTHER PROSECUTION, When Acquittal upon De-
fective Indictment no-1 R. S., 586
BASIS OF COMMISSIONS, Accounts must show-Principal and
Agent-Factors selling on Commission
BILL OF LADING, DELIVERY BY, Valid when-Statute of Frauds
See STATUTE OF FRAUDS. 2.
BONA FIDE PURCHASE FOR VALUE-Usury renders void-
able only by Purchaser.] In an action by Plaintiffs to recover
either the goods, or damages for their conversion, from parties, a
part of whom obtained the possession by fraudulent representa-
tions, after the Plaintiffs have established the fraud, and their con-
sequent right to recover against the party obtaining the goods, it
is incumbent on a party Defendant claiming such goods as a bond
fide purchaser of the same for value to establish by proper evi-
dence, his bona fide character as such purchaser; and if in doing
so it turns out by the evidence that the contract of purchase was
tainted with usury-the Plaintiffs may not avail themselves of such
evidence to rebut the bonâ fide character of the purchase.
BOND TO RELEASE MECHANIC'S LIEN ON VESSEL-Admis-
sion of Regularity-Laws 1862, Ch. 482
VALID CLAIM INCLUDED IN, Not void, because of Usu-
rious Claim it Covers.
BOOK ACCOUNT, CHARGE IN, Admissible when-Evidence
See EVIDENCE. 1.
BROKERS, WHEN DUTY COMPLETE—Influence with Administra-
tion not lawful subject of Contract.] Brokers employed to nego-
tiate sales of property have done their duty when they have
brought the minds of the parties together on the subject-matter of
the contract, and they are then entitled to their commissions.
A person having vessels or arms for sale, may lawfully employ
an agent to sell the same to the government; and in the selection
of such agent, it is legitimate to consider the influence which such
agent may have with those intrusted with the administration.
Personal influence and solicitation of legislators, judges, and
public officers, is not a lawful subject of contract, and where such
personal influence is the consideration the contract is void.
BUILDING CONTRACT-Payment on Certificate of Architect, what
Certificate-Time of Contract binding, when.] Where the agreement
of the parties stipulates that the Plaintiff shall be entitled to the
last payment upon the building contract, on the certificate of the
architect testifying that the work was done, it is not necessary
that the certificate of the architect should recite the particular
terms of the contract specifying the manner in which the Plaintiff
should perform his part thereof.
Where the Defendant has by his own failure prevented the
Plaintiff from performing his part of the contract within the time
stipulated, he cannot object that the Plaintiff did not complete the
contract within the time limited thereby.
BUYER OF STOCK AS AGENT may not Sell to his Principal—
Sale voidable
CAPACITY OF A MACHINE, Contract to pay Toll for use of means
actual use not-Patent Rights
CAPITAL CASES, Disqualifications of Jurors in-Laws 1855, Ch. 337
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