payable either on demand or at a given number of days after sight. Smith v. Janes, 20 Wend. 192.

15. (When checks should be presented.) Where the parties all reside in the same place, the check should be presented on the day it is received, or on the following day; and when payable at a different place from that in which it is negotiated, it should be forwarded by the mail on the same or the next succeeding day for presentment. Ib.

Ib.

16. (Second endorsee. Laches.) Where a second endorsee of a check on receiving it put it in circulation, and not more than four or five days elapsed thereafter before it was sent for presentment, it was held, in an action by him against the payee, that he was not chargeable with laches; there being no evidence in the case but that he became the holder on the day it was negotiated by the payee. CHANCERY. (Decree of foreclosure.) A decree of foreclosure of the equity of redemption, and a sale in pursuance thereof on a bill filed against the mortgagor alone, do not affect the rights of purchasers deriving title to the premises from and under the mortgagor, and who were not made parties to the bill in equity. Watson v. Spence, 20 Wend. 260.

2. (Purchaser under void decree.) A purchaser, under a void decree in possession of land, is viewed as a stranger, and cannot protect himself against the owner of the equity of redemption, by setting up an outstanding title in the mortgagee, at whose suit the decree was obtained. Ib.

CONSIDERATION. (Release of a lien.) The release of a lien

obtained by the suing out of an attachment, is a good consideration for the promise of a third person to pay the debt of the party proceeded against by such process. Smith v. Weed, 20

Wend. 184.

2. (Forbearance to sue.) An agreement to forbear to sue a debtor is a good consideration for the promise of a third person to pay the debt; but to render the promise obligatory, it must be in writing. Watson v. Randall, 20 Wend. 201.

CONSTITUTIONAL LAW. (Private act of legislature.) A

private act of the legislature authorizing the sale of the estate of infants, for their maintenance and education, is within the scope of the legitimate authority of a state legislature. Cochran v. Van Surlay, 20 Wend. 365.

CONTRACT. (With two parties.) Where one contracts in writing with three persons to give a bill of sale of two thirds of a vessel to two of them and of one third to the other, and in pursuance of the contract does convey two thirds; this is not a severance of the cause of action, and a suit may be maintained for the price against the whole. Marshall v. Smith, 3 Shepley,

17.

2. (Failure of consideration.)

Where the consideration of a promissory note was an agreement to assign a contract made by a third person to carry the United States mail, on a certain route, and which had been assigned to the payee of the note by such third person, without the assent of the post office department; and where the post master general afterwards availed himself of his right to consider the contract as forfeited by such assignment, and made a new contract with a different person; it was held, that the consideration of the note had failed, and that the action upon it could not be maintained. Savage v. Whittaker, 3 Shepley, 24.

3. (Variance between recital and instrument recited.) When written instruments have reference to a former contract, and contain recitals of its subject matter, and it appears, that there is a variance between such instruments, and between them and the contract; the recitals are to be explained and corrected by the contract to which reference is made. Sawyer v. Hammatt, 3 Shepley, 40.

4. (Agreement of married woman.) An agreement by a married woman for the sale of her real estate, although made with the assent of her husband, and for a valuable consideration, is void in law, and will not be enforced in equity. Lane v. McKeen, 3 Shepley, 304.

5. (Void for illegality.) Where the charter of a bank provides, that, "no part of the capital stock shall be sold or transferred,

except by execution or distress, or by administrators or executors, until the whole amount thereof shall have been paid in," a contract to transfer shares therein, not falling within the exception, made and to be carried into execution when but fifty per cent. is paid in, is illegal and void. Merrill v. Call, 3 Shepley, 428.

6. (Place of delivery.) If a promise be made out of the United States by a foreigner to one living within this state, to deliver specific articles on a fixed day, and no place of delivery is assigned, it is the duty of such promisor to ascertain from the promisee the place where he will receive the articles. White v. Perley, 3 Shepley, 470.

7. (Note payable in ready made clothing.) On a note payable in

ready made clothing, the payee has no right to demand a garment which has been made for a customer at a stipulated price. Vance v. Bloomer, 20 Wend. 196.

8. (Same.) The holder of a note of this kind, it seems, may demand payment of it in parcels, and is not bound to take clothing to its full amount at one time. Ib.

9. (Sunday.) When the day of performance of contracts, other than instruments upon which days of grace are allowed, falls on Sunday, that day is not counted, and compliance with the stipulations of the contract on the next day (Monday) is deemed in law a performance, Salter v. Burt, 20 Wend. 205. 10. (By letter.) A party wished to buy a tract of land, and, not being favorably known to the owner, who resided in Indiana, got his neighbor, a friend of the owner, to write to him, proposing the purchase, as for himself. An answer was received in due time, consenting to the sale, and stating the price and terms to which a reply, accepting the offer as made, was written and mailed, in a reasonable time as the subject of the contract was sufficiently identified by the letters, as soon as the last, acceding to the terms offered, was put into the post office, there was a valid contract closed between the parties. Chiles v. Nelson, 7 Dana, 281.

11. (Meaning of gold and silver.) A note for so many dollars

"in gold and silver" is a note for the direct payment of money; and for the satisfaction of which, bullion, gold and silver bars, old spoons and rings, &c., would not be a valid tender. Hart, &c. v. Flynn's Executor, 8 Dana, 190. CONVEYANCE. (What interest passes by deed.) A deed of

the land conveys any interest the grantor has therein by virtue of an actual possession thereof for more than six years, although another has the better title. Holbrook v. Holbrook, 3 Shepley, 9. 2. (Meaning of "privileges and appurtenances.") By the conveyance of a sawmill and the privileges and appurtenances thereunto belonging, the land whereon the mill stands, as well as so much as is necessary to the use of it, passes with the mill. Maddox v. Goddard, 3 Shepley, 218. 3. (Warranty.) Where land has been conveyed with warranty, a title afterwards acquired by the grantor enures to the benefit of his grantee, or the heirs of the grantee, if he has died intestate. And if the grantee has devised the land and died, the title afterwards acquired by the grantor will, it seems, (sed quere,) 'enure to the benefit of the devisees, according to their respective interests. Logan v. Moore, 7 Dana, 76.

CORPORATION. (Refusing transfer of stock.) An action of assumpsit lies against a monied corporation, for refusing to permit a transfer of its stock upon the books of the corporation, when by the act of incorporation such transfer is necessary to give validity to the transaction; case would lie, but assumpsit may be maintained. Kortright v. Buffalo Com. Bank, 20

Wend. 91.

2. (Suits in another state maintainable by.) The comity of modern times concedes to the subjects and citizens of one nation or state, the right to maintain suits in the courts and tribunals of another; and, in this respect, there is, in general, no difference recognized between artificial persons or corporations, and natural persons. Lathrop v. Commercial Bank of Scioto, 8 Dana, 115. COSTS. (Bond with several breaches.) In an action on a bond, other than for the payment of money, where the plaintiff assigns

several breaches, the defendant is not entitled to costs, although the plaintiff fail in establishing several of the breaches assigned by him, if the plaintiff succeed upon any one breach; the defendant is not entitled to costs unless the plaintiff fail upon all the breaches. Fairbanks v. Camp and others, 20 Wend. 600. COVENANT. (To pay debts.) A covenant to pay all the joint debts of the parties, does not bind the covenantor to pay any of them before they are due, nor until a reasonable time after. A declaration, on such a covenant, that does not aver that any of the debts had become due, is defective. McNeal's Administrator v. Blackburn, 7 Dana, 172.

2. (Breach of, waived by acceptance.) A covenant to deliver goods or chattels of a particular description or quality, at a future day, is discharged by the delivery of any description or quality which the covenantee accepts, after having inspected them, or having had a fair opportunity to do so; and he can maintain no action afterwards, on account of defects of quality. And herein contracts of this description differ from contracts of warranty upon executed sales. O'Bannon & Co. v. Relf, &c. 7 Dana, 320.

DAMAGES. (In contract for sale of land.) When a contract is made to purchase and pay for land by one party, and to sell and convey by the other on payment of the price, and an action is brought against the purchaser for breach of the contract on his part, without tendering a deed, the measure of damage is the difference between the sum, which the purchaser agreed to pay for the land, and the sum for which it would have sold on the day on which the contract should have been performed. Robinson v. Heard, 3 Shepley, 296.

2. (In action on the case for negligence.) In an action on the case for negligence in driving a carriage, whereby the son of the plaintiff was run over and killed: it was held, that the loss of service of the child, and expense occasioned by the sickness of the plaintiff's wife, caused by the shock to her maternal feelings, were proper items of damage: the same being laid as special damage in the declaration. Ford v. Monroe, 20 Wend. 210.