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RESTITUTION. (See Market-Overt.)

When the owner of stolen goods is entitled to restitution, 171, 172

RISK. (See Carrier-Delivery.)

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When it forms part of the bulk, and when not, 58, 59

Where the goods do not correspond with the sample, the purchaser may
rescind the contract, 131, 132, 232

But he must object within reasonable time, 133

If the sale-note does not refer to the sample, the purchaser cannot give it
in evidence, 233, 340

But he may bring an action for the deceit, 323

SCIENTER,

Proof of, necessary in action for deceit, 321, 325
Need not be averred in action on warranty, 349
Or, if averred, need not be proved, ib.

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
terms, 280

SHIP,

Sale of, must be by bill of sale, 79

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SMUGGLING.

Sale of goods for smuggling, 87

Vendor may recover although he were aware of the illegal inten-
tion, 88

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.
Not in sale by innkeeper to his guests, 434
Sale of several kinds of spirits, 95

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.

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Contract, of which the sale of goods is not the primary object, ib.
When bill of exchange is on wrong stamp, the vendor may sue for goods
sold, 275

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.
Tender, 231, 232, 236

Action for not replacing stock, 309

Damages estimated according to highest value during the trial, ib.
Sale of stock under forged power, 139

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
Quasi vendor, 191

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
Where the consignee anticipates the arrival, 202

By constructive delivery, 203

Delivery to third party as exclusive agent, 203, 204
Not by delivery to third party as middleman, 204, 205

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,
379, 380

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When a contract for the sale of timber is within the 17th sect. of the
Statute of Frauds, 56

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
the issuing of the commission, 114, 117

Stipulation as to time of delivery, 221, 223, 231, 234

Whether month is to be taken as a lunar or calendar month, 234 note
Reasonable time for objection allowed to purchaser, 270

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
Whether warranty of title is implied, 346

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,
362, 363

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.
Contract within the act, void, ib.

Non-resident voters are within the act, ib.

Immaterial whether the canvassing party be the candidate himself or his
agent, 91

But the statute does not apply to mere strangers, ib.

Vendor may recover, if he did not know to what purpose the goods were
to be applied, ib.

TROVER,

Right of possession and right of property necessary to support trover, 310
When principal may maintain trover against agent, 400

Where the goods have been sold contrary to express directions, ib.
But not for selling at an undervalue, 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-
Bill of Lading.)

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.
(See Bailee-Carrier )

When maintainable against carrier, 419, 426

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