Page images

"those counts, where such particulars can be comprised within "three folios; and, where the same cannot be comprised within "three folios, he shall deliver such a statement of the nature of "his claim, and the amount of the sum or balance which he "claims to be due, as may be comprised within that number of "folios. And to secure the delivery of particulars in all such "cases, it is further ordered, that, if any declaration or notice "shall be delivered without such particulars, or such statement "as aforesaid, and a judge shall afterwards order a delivery of "particulars, the plaintiff shall not be allowed any costs in "respect of any summons for the purpose of obtaining such "order, or of the particulars he may afterwards deliver: And "that a copy of the particulars of the demand, and also "particulars (if any) of the defendant's set-off, shall be annexed "by the plaintiff's attorney to every record at the time it is "entered with the judge's marshal." Rules Trin. T. 1 Will. IV. Practice.


Form of a Bill of Lading (a).

I. W. 1 Shipped by the grace of God in good order by No. 1. a 20.) A. B. merchant, in and upon the good ship called the John and Jane, whereof C. D. is master, now riding at anchor in the river of Thames, and bound for Barcelona in Spain, 20 bales containing 100 pieces of broad-cloth marked as per margin; and are to be delivered in the like good order and condition at Barcelona aforesaid, (the act of God, the king's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto E. F. merchant there, or to his assigns (6), he or they

paying for the said goods per piece freight, with

primage and average accustomed. In Witness whereof, the master (or purser) of the said ship hath affirmed to three bills of lading of this tenor and date, one of which bills being accomplished, the other two to stand void. And so God send the good ship to her destined port in safety.

Dated at London, the day of .

(a) Abb. Shipp. 215, (5th Ed.)

(6) In English bills of lading the words "or assigns" are always inserted; but it was held that a Spanish bill of lading, which does not contain such words, was similarly assignable by indorsement. Benieria v. Ruding, M. & Malk. 511; S. C. Lloyd & Welsby, Mere. Ca. 274, (where the question was as to the liability of the indorsee for freight.) See Abb. Shipp. 286.


Form of East India Warrant (a).

No. To the East India Company's

warehouse-keeper, for private trade, Billiter Lane. You are desired to deliver to A. B. or his assigns, by indorsement hereon, and the bearer giving a receipt on the back hereof, the following indigo: viz. [then follows the description, price, "weight, 4-c] Sold him by the united East India Company.

Treasury, East India House, this day of .

(Signature of the Company's (Counter signature.) treasurer or assistant.)

(a) 3 B. & Ad. 321, Taylor v. Kymer. It appears that these warrants are indorsed, usually in blank, by the persons therein named, and are afterwards transferred by delivery, or by indorsement and delivery.


.Form of count, 437

May be joined with any other count for a money demand, 210 note
When advisable, 210, 211

Admissible, although written memorandum of agreement, 211
Evidence on account stated, 211, 212

Whether plaintiff is at all events entitled to nominal damages,
without proof of amount of balance, 212
Proof of a single item sufficient, to.

Defendant cannot go into evidence to impeach the items, 211
Infant not liable on, 20
Interest on, 283

AGENT. (See Broker—-Factor—Sale-noteServant.)
When wife presumed agent of husband, 26, SO
Agent within Statute of Frauds, 63

Carrier, 63

Auctioneer, 75,160

Broker, 76
Agent of carrier, 422
Authority orally countermandable, 74
Sale by agent after countermand, 313, 314, 296
Bankruptcy of agent, 128
When agent may stop goods, 191, 198
When delivery to purchaser's agent bars the vendor's right of stoppage,

203, 204
Assent by agent, 215
Special authority, 216
Wrongful sale by agent, 295
Ratification by principal, 216, 217
Pledge by agent, 296
Delivery to, when sufficient, 258, 259

Effect of private agreement that the principal shall not be liable, 259,260
Effect of giving credit to the agent alone, 260
Vendor may sue the principal when discovered, 260, 261
Payment by purchaser to his own agent, 276, 277


Payment to vendor's agent, 277, 378. (See Payment.)

Who is an agent entrusted with goods within the Factor's Act, 379

When a debt due from the agent who sells the goods may be set off against

the principal, 280, 281
Principal liable for the deceit of his agent, 327
Warranty by agent, 341

When authority implied, ib.

At what time made, 342
Agent entrusted to sell cannot himself be the purchaser, 398
So, agent entrusted to purchase, 429
Duty and liability of agent, 394, 395, 428, 429
Laches, 395

When he is justified in departing from special authority, 395, 428
When be may sell on credit, 396
When liable for price, 396, 397
Of a del credere agent, 397, 398
Joint factors, 400
Subordinate agents, ib.
Remedy of principal, 399
Personal liability of agent to party with whom he deals, 406, 429, 430

Where the principal is not known, 407

Where no responsible principal, ib.

Where agent expressly binds himself, 408
Rights of agent, 400

Reimbursement of expenses, 401

Commission, 402, 403

Lien, 403. (See Lien.)
Parol evidence admissible that a party acted as agent only, 222


Alien friend may contract, 45

Alien enemy is disabled from suing, 45

Who is alien enemy, 46, 47,144

How the disability is removed, 48

Contract with alien enemy is void, 144

Unless protected by licence from the crown, 144
Effect of licence, 145
Extent of licence, 146
When licence void, 147
Whether the wife of an alien may be sued as feme sole, 35

AMENDMENT. (See Variance.)


Within Statute of Frauds, 61,62
By trader before bankruptcy, 126, 127
Must be positive and specific, 127

« PreviousContinue »