RESTITUTION. (See Market-Overt.) When the owner of stolen goods is entitled to restitution, 171, 172 RISK. (See Carrier-Delivery.) When it forms part of the bulk, and when not, 58, 59 Where the goods do not correspond with the sample, the purchaser may But he must object within reasonable time, 133 If the sale-note does not refer to the sample, the purchaser cannot give it But he may bring an action for the deceit, 323 SCIENTER, Proof of, necessary in action for deceit, 321, 325 SECRET, Secret partner in firm, liable, 369 Secret transfer, when fraudulent, 104 SERVANT, When delivery to servant, sufficient, 261 When the servant receives the price and embezzles it, whether purchaser liable over again, 261, 262 Warranty by servant of vendor, 341, 342 Delivery to servant of carrier, 422 SET-OFF, Ought to be specially pleaded, 279, 290 Whether notice of set-off is now sufficient, 279 note What debts may be set off, 280 Debt must be due at the time of action brought, ib. Debt due from factor, ib. Unless collusion can be proved, ib. Or unless purchaser discovers, before the contract is completed, that the party is an agent only, ib. Not debt due from broker, 281. (See Broker.) Purchaser may set off a debt, although the sale were on ready money SHIP, Sale of, must be by bill of sale, 79 SMUGGLING. Sale of goods for smuggling, 87 Vendor may recover although he were aware of the illegal inten- But not if he assisted or was implicated, 87, 88 SPIRITUOUS LIQUORS. Sales of small quantities void by statute, 94 SPLINT. Whether sale to the consumer himself or not, ib. When a splint is an unsoundness in a horse, 359 STAMP. Agreement for the sale of goods, exempted from stamp, 218 Payment in particular manner, 219 Payment at future time, ib. Contract, of which the sale of goods is not the primary object, ib. STOCK. (See Stock-jobbing.) Whether sale of stock is within Statute of Frauds, 53 Proof in action for not accepting, 231 STOCK-(continued.) Possession at the time of the contract, 231 Subsequent sale within reasonable time, ib. Action for not replacing stock, 309 Damages estimated according to highest value during the trial, ib. STOCK-JOBBING. Contract within Stock-jobbing Act, void, 91, 92 Trafficking in Colombian bonds, not within the act, 93 Nor lottery tickets, ib. But omnium is within the act, ib. What interest may be taken, 93, 94 STOPPAGE IN TRANSITU. Use of the term, 188 Proper signification, 188, 189 Origin of the right, 189 Effect of stopping the goods, 190 note Who may stop in transitu, 190-192 Authorized agent, ib. Indorsee of bill of lading, 192 Not a mere surety, 191 When the vendor may stop the goods, 192-199 Although part payment made, 192 Although account current between the parties, 193 Not after bonâ fide assignment of the bill of lading, 193. (See Bill of Lading.) Or, West India Dock Warrant, 193 note Although the consignee has resold the goods, 197 Right not affected by claim of a creditor of the consignee, 198 Nor of a carrier, or other bailee, ib. Nor of an agent, ib. When the transitus is determined, 199-209 By actual delivery, although wrongful, 199 Unless the vendor has made claim, 200, and ib. note Or, unless the contract was previously rescinded, 201, 202 By constructive delivery, 203 Delivery to third party as exclusive agent, 203, 204 Unless act of ownership exercised, 207 Or, unless the consignee uses the warehouse as his own, 208, 209 By symbolical delivery, 206, 207 Not while any thing remains to be done, 209 SUNDAY. Sale on Sunday void, 95, 96 If within seller's ordinary calling, 96 And if completed on that day, 97 SURETY. (See Credit-Guaranty.) When a party may be sued as principal, and when as surety, 246, When a contract for the sale of timber is within the 17th sect. of the When it may be recovered in an action for goods sold, 253 TIME. Computation of time in reckoning age, 14, 15 Computation in reckoning interval between dealings with bankrupt, and Stipulation as to time of delivery, 221, 223, 231, 234 Whether month is to be taken as a lunar or calendar month, 234 note Time of making a warranty, 338, 339, 342 Time of giving notice of the warranty broken, 362, 363 Qualification as to period of liability for breach of warranty, 352 Time of keeping for the purpose of resale, 362 Giving time to principal discharges surety, 389 TITLE, What amounts to warranty of title, 335 Distinction where seller is in possession or out of possession, 335 note In sale of chattels generally, 346 note In sale of lease, ib. When bailee precluded from disputing plaintiff's title, 418 TRADE, Infant cannot trade, 19, 20 Usage of trade will not enable married woman to sue or be sued, 35 When warranty implied from usage of trade, 347 Custom of trade that purchaser must object to the quality immediately, Commission of agent by usage of trade, 402 Trading with an enemy, illegal, 144 TRANSITUS. (See Stoppage in Transitu.) TREATING ACT, 90 Candidates prohibited from furnishing provisions, &c. to voters, ib. Non-resident voters are within the act, ib. Immaterial whether the canvassing party be the candidate himself or his But the statute does not apply to mere strangers, ib. Vendor may recover, if he did not know to what purpose the goods were TROVER, Right of possession and right of property necessary to support trover, 310 Where the goods have been sold contrary to express directions, ib. When maintainable against carrier, 419, 426. (See Carrier.) For misdelivery, or refusal to deliver, 426 Not for loss of goods, or mere omission to deliver, ib. When maintainable against pledgee, 295, 300 TROVER BY PURCHASER, When maintainable against vendor, 310 Right of possession and right of property, 310. (See Delivery- Not while vendor's lien continues, 181, 317 Not until payment of price, 318 Although part delivered, ib. Unless otherwise agreed, 319 Not when any thing remains to be done, 314 As, where the chattel is to be measured or weighed, ib. 315 Where the chattel is made to order, 315 Trover for a chattel given in exchange for another, 329 note Trover not the proper form of action in which to try question of warranty, ib. When maintainable against warehouseman or other bailee, 316, 517, 419. When maintainable against carrier, 419, 426 |