although not liable in trespass, he may be in assumpsit, if he has sold the goods, or in trover, after a demand and refusal, if he has not sold them. Ryder v. Hathaway, 21 Pick. 298. 2. (Same.) But if A, in such case, knew that a portion of the goods were not his own, or if he doubted, whether they were or not, and intermingled them in order to mislead B, and prevent him from taking his portion, without danger of taking those of A, then A has, by such fraudulent act, lost his own property, and can have no remedy. Ib. CONSIDERATION. (Notes given for patent.) Where, on the purchase of a patent right, notes are given for the consideration, and those notes are paid after the purchaser had full knowledge, or the means of knowledge of all the facts, such payment is voluntary, and there cannot be a recovery back of the sum paid; although the purchaser might have avoided payment of the notes for want of consideration. Stevens v. Head, 9 Vermont, 174. Rix v. 2. (Of contract to indemnify a surety.) If one procure another to become his surety, and subsequently procure a third person to sign a promise of indemnity to the first surety, there being no new consideration, and this not being done in consideration of any contract, made at the time of the original contract, the contract of indemnity is void, for want of consideration. Adams and another, 9 Vermont, 233. CONTRACTS. (Joint, to convey land, by persons severally seized.) The plaintiffs agreed jointly to sell and convey to the defendant all their right, title and interest in three certain lots of ground. In an action for a breach of the contract, it appeared that they were separately seized of the three lots. Held, that this was not a sufficient objection to their recovery in the action. Britton v. Stanley, 4 Wharton, 114. 2. (Parties.) When G. in pursuance of a contract with S., de. livered S. wool to card, and cloth to dress for him, and S. was then or soon after in the employ of T. and did not carry on the business on his own account, and this was generally known; Held, that G. was accountable to T. for the services thus per formed by S., and as he had notice, before the services were performed, and before any payments were made therefor, that S. was in the employ of T. he was not justified in making any payments to S. Tuttle v. Green, 10 Vermont, 62. 3. (Time of payment.) Where a contract is made for the payment of specific articles, such as the payee should select, at a place designated, but no time is fixed for the payment, such articles are payable on demand. Russell v. Ormsbee, 10 Vermont, 274. 4. (Executory and executed.) A contract executed cannot be dependent upon an executory contract. Hence, where one of two parties executed an assignment, absolute in its terms, of a lease, and at the same time gave a separate writing to surrender the possession on a future day, and the assignee, at the same time, contracted in writing with the assignor, to pay a sum of money on a day before the time of said stipulated surrender, it was held, that on the refusal of the assignor to surrender, according to his contract, the assignee might maintain ejectment for the premises, without having made such payment. Strong v. Garfield, 10 Vermont, 497. 5. (Same.) Where D. brought a quantity of salts to L. in fulfilment of a written obligation, and after they were weighed and left at the potash of L., a dispute arose whether the contract was or was not for gross freight, and D. refused to have them applied on the contract. and L. refused to receive them in any other way, and indorsed them on the contract; Held, that D. could not maintain an action of debt to recover the value of the salts, thus left with L., as L. refused to receive them, except in payment of the contract. Durrill v. Lawrence and Lamb, 10 Vermont, 517. 6. (Chattel sold to be paid for in services.) Where a gun was sold to be paid for in sawing; Held, that there could be no recovery, until logs were carried to be sawed, so that the party could fulfil his contract. Downer v. Frizzle, 10 Vermont, 541. 7. (Same.) Where the defendant had sawed logs for plaintiff on such a contract, in part, and sued the plaintiff and recovered therefor; Held, that this did not entitle the plaintiff to maintain an action for the gun, without any demand for the sawing, but that he should have resisted the recovery when sued by defendant. Ib. CONVEYANCE. (Exception in deed.) Where land was conveyed with all the buildings standing thereon except the brick factory, it was held, that the grantor's title to the land on which the factory stood and the water privilege appurtenant thereto, did not pass by the deed. Allen v. Scott, 21 Pick. 25. 2. (Boundary line-General and particular description.) Where the line of a lot, mentioned in a deed of conveyance as a boundary of the land conveyed, was not ascertained and known by the parties, and a plan of the land had been taken, which is referred to in the deed as containing a particular description of the land intended to be conveyed, and the description on the plan is clear and unambiguous, referring to monuments, courses and distances which can be ascertained with perfect certainty, and is inconsistent with the boundary line referred to, such particular description will control the words of general description, and the reference to such supposed boundary line will be rejected. Magoun v. Lapham, 21 Pick. 135. 3. (By tenant in common.) A conveyance by a tenant in common, of his undivided interest in a part only of the land held in common, is invalid. Blossom v. Brightman, 21 Pick. 285. CORONER. (Service by.) The service of processes by a coroner being by virtue of a special authority, and not coming within the general duties of that officer, all the facts necessary to give him the power should appear in the writ itself; and a general direction to him is not sufficient. Carlisle v. Weston, 21 Pick. 535. 2. (Defect of service cured by appearance.) But where a writ was served by a coroner, and though it did not appear affirmatively on its face that he had authority to serve it, yet it did not appear negatively that he had not such authority, it was held, that the defendant, by appearing and pleading to the action, had cured the defect in the service. Ib. CORPORATION. (Where suit may be brought against.) An insurance company having its established place of business in one county of this state, and holding its annual meetings there, may, nevertheless, be sued in any other county in the state, by a citizen of another state. Allen v. Pacifie Ins. Co. 21 Pick. 257. 2. (Deed.) To an "indenture" between a corporation and an individual, the parties "set their hands," and against each signature was a small bit of paper attached by a wafer, without any impression on either indicative of a common seal of a corporation. It was held, that the instrument was the deed, as well of the corporation as of the individual. V. Hovey, 21 Pick. 417. 3. (Suit against railroad corporations.) Mill Dam Foundry Trespass vi et armis will not lie against a railroad corporation, for an injury done to the plaintiff by their locomotive steam-engine, whether such injury be wilful or accidental on the part of the servants of the company, where it does not appear that the particular injury was done by the command or with the assent of the defendants. Philadelphia, Germantown &c. Rail Road v. Wilt, 4 Wharton, 143. COSTS. (Where two of three defendants are defaulted.) In assumpsit against three, two are defaulted at the first term and the third pleads; and at a subsequent term the plaintiff discontinues against the third, and takes judgment against the other two. Held, that the plaintiff can tax costs against the defaulted defendants, only to the time of the default. Matthews v. Vining, 21 Pick. 335. COVENANT. (In a lease.) The covenant, arising out of the words "yielding and paying," in a lease, is an implied covenant, and the lessee is not liable on it for rents accruing after an assignment of his term. Kimpton v. Walker, 9 Vermont, 191. 2. (How discharged.) A sale, by partners, of the partnership effects to a third person, and a subsequent dissolution of the partnership, and an assignment, from one of the partners to the other, of all his interest in the partnership, the assignee taking all the partnership effects into his own hands, operates as a discharge, by the act of the parties, of a covenant of the assignor previously made with the assignee to pay the debts of the partnership out of the partnership effects. Austin v. Cummings, 10 Vermont, 26. 3. (Controlled by bond.) A partner purchases of his co-partner, all such co-partner's interest in the company property, and gives a bond to pay all the debts of the company, and to indemnify such co-partner from all damages and costs arising from such company's debts; such bond, to prevent a circuity of action, operates to control a previous covenant from the obligee to the obligor, to pay the debts of the partnership out of the partnership effects. Ib. DEED. (Blank left for grantee's name fraudulently filled.) If a deed which has been executed and acknowledged by the grantor, with a blank for the grantee's name, be surreptitiously and fraudulently taken from the grantor's house, and the blank filled up, no title passes thereby; and a bona fide purchaser for a valuable consideration from the person holding the deed, stands in no better situation than such fraudulent holder, especially if the original grantor remain in possession of the property. Van Amringe v. Morton, 4 Wharton, 382. 2. (Containing erasures.) The plaintiffs had tendered to the defendant deeds executed by themselves which contained erasures. Held, that as the erasures were proved on the trial to have been made before execution, and the fact was so stated on the face of the deeds, this was not a sufficient objection. Britton v. Stanley, 4 Wharton, 114. 3. (Notice of unrecorded.) One, who takes a conveyance of land from one long out of possession, while another has been in the open visible possession, having an unrecorded deed of the same, will be affected with notice of such deed. Griswold v. Smith and another, 10 Vermont, 452. DEVISE. (Void provision in.) A provision in a devise of land, that the land shall not "be subject or liable to conveyance or |