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lieve all persons in actual confine-
ment, whether inhabitants of this
state or not; but a nonresident debt-
or must apply for his discharge to
the court by whose process he is
confined. Crorall's case.




See SET-OFF, 3. EviDENCE, 9.

1. In an action on a policy of insurance,

wherein the plaintiff declares for a
total loss, and proves a capture and
condemnation of the property which
he has never abandoned; the jury
may estimate the value of the spes re-
cuperandi, deduct it from the whole
sum insured, and find the remainder
as a partial loss. Watson v. The In-
surance Company of North America.

2. If a policy underwritten in Philadel-
phia contains a warranty of American
property, “ to be proved if required
« in this city and not elsewhere,” the
assured is entitled to vindicate the
truth of his warranty not only against
a foreign condemnation as enemies,
property, but against a condemnation
for any act or omission of his agents
during the voyage, by which the neu-
trality is alleged to have been for-
feited. Calhoun v. The Insurance Com-
pany of Pennsylvania.

3. An agreement by a lender on respon-

dentia, “ to be liable to average in the
“ same manner as underwriters on a
“ policy of insurance according to the

usages and practices of the city of
“ Philadelphia," does not entitle the
borrower to calculate an average loss
upon the whole amount of the money
loaned and the marine interest, but
merely on the cost and charges of
the goods on board, and the premium


1. A petitioner for relief under the in-

solvent act of 4th April, 1798, must
exhibit to the court a statement in
writing of his losses, and the means
whereby he became insolvent. Bu-
ker's case.

2. A debtor who has no property what-

ever, is nevertheless entitled to the

benefit of the insolvent laws. 462
3. The 18th section of the insolvent law

of April 4th, 1798, is intended to re-
Vor, I.

4 L

2. An administrator is chargeable with

interest after twelve months from the
intestate's death, where he has been
guilty of neglect in not putting out
the money, or where he has used it
himself; and it lies upon him to shew
what has been done with it. For v.

3. It is now a settled rule that interest

is recoverable for money lent and ad-
vanced; and this rule applies to loans
made when the law was held to be
otherwise. Lessee of Dilworth v. Sin-

4. A trustee is entitled to interest for

advances made to supply the defici-
encies of the trust fund, although the
interest and advances nearly absorb
the equitable interest.



of insurance. Gibson y. The Philadel.
thia Insurance Conang.

4. Upon an insurance on goods, the un-

derwriters are not liable for freight
paid by the owner of the goods dur-
ing the voyage.

5. The assignee of a policy of insurance,

takes it subject to all defalcations to
which it was liable before the assign-
ment; and therefore in a suit by the
assignee the insurers may set off a
debt due by the assured at the time
of the assignment, though it be an
open policy, and the claim for a par-
tial loss. Rousset v. The Insurance

Company of North America.
6. Upon an insurance " at and from” the

warranty of seaworthiness must be
referred to the commencement of the
risk; and if between that time and the
sailing of the vessel, she becomes un-
fit for sea without the fault of the
assured, and is afterwards lost, the
assured may recover. Garrigues v.

7. A policy on vessel contained a clause

that if « after a regular survey she
“ should be condemned for being un-
“sound or rotten, the underwriters
6 should not be bound to pay their
“ subscriptions.” The survey and con-
demnation, to come within the clause,
must shew unsoundness from decay,
and not from accident, as the eating
of rats.

8. A leak occasioned by rats without

the neglect of the captain, is a peril
within the policy.






A mortgage executed by two out of

three jointenants is a severance of the
jointenancy. Lessee of Simpson v. Am-



1. Where the condition of a bond is for

the payment of interest annually, and
the principal at a distant day, the in-
terest may be recovered before the
principal is due, in an action of debt
on the bond. But no interest can be
recovered upon such interest. Sparks
v. Garrigues.




1. If a verdict be found for plaintiff, and

during the pendency of a motion in ar-
rest of judgment the plaintiff dies,
judgment may be entered as of a
term after the verdict when he was
alive. Griffith v. Ogle.

2. Judgments obtained before a justice

of the peace, when filed in the com-
mon pleas or made known to ad-
ministrators, must be paid pro rata
with judgments in courts of record.
Scott V. Ramsay.

3. Judgment may be arrested for an ob-

jection on the face of the record,
though it was not assigned at the time

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Jurors not drawn by lot for the present

court, but drawn upon a former oc-
casion and continued over, are not
entitled to pay from the county, but
from the losing party. Sherer v. Hodg-



1. The act of 22d April 1794, which

prohibits the land office from receiving
applications for certain lands after the
date, does not prevent an alteration of
the names of former applicants. Faulk-

ner v. The Lessee of Eddy. · 188
2. An appeal does not lie from the board

of property to the common pleas, al-
though an act of assembly directs the
officers of that board to do certain
things in case of an appeal. The only
way of contesting their decision, is by
an action between the parties in the
ordinary way. The Commonwealth v.





1. It is not necessary to entitle a party to

a special jury, that the attorney should
certify that it is not intended for delay.
Lessee of Neff v. Neff.

2. There is no time limited within which
a party must apply for a special jury.



See APPEAL, 1.

1. A justice of the peace cannot enter

judgment upon a warrant of attorney.
He must proceed by warrant in the

Under the act of 5th April 1790, which

declares that larceny of bills obligato-

Ty shall be punished in the same man- which are allowed to move for a new
ner as larceny of any goods or chat- trial. Lane v. Shrriner.

tels, the felonious taking, &c. of one
bill obligatory, is punishable as a lar-

2. Quære whether in any civil case the
ceny. The Commonwealth v. Messin-

court will grant a new trial where

there has been no motion within the


four days. Ewing v. Tees. 450

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A debt which is barred by the act of li-

mitations, is not revived by a clause in
a will, ordering all the testator's just
debts to be paid. Smith v. Porter. 209,

1. To support an action on the case for

damage occasioned by a common nui-
sance, it is not necessary that the da-
mage sustained should have been di-
rect, it is enough if it was consequen-
tial. Hughes v. Heiser.

2. The plaintiff declared that he had

prepared rafts, with intent to navigate
them down a river, which was a pub-
lic highway; and that he did navigate
them, until he came to a dam erected
by the defendant, by which he was
prevented from passing down the ri-
ver with his rafts. This is a sufficient
special damage to support an action.






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1. The day on which the verdict is given,

The party who first brings suit upon an

is computed as one of the four days

official bond is entitled to priority of

they have settled their accounts and
struck a balance. Ozeas V. Johnson.


payment, although he is prevented
from obtaining judgment by an order
to stay proceedings, upon the defend-
ant's paying the amount of the bond
into court. All subsequent suitors to
the same term are entitled pro rata;
but if instead of suing they apply to
the court to come in under the first
suit, priority of application will entitle
them to priority of payment. M Kean
v. Shannon.



See PLEADING, 1.2.

The entry of a check as cash, made in

the private bankbook of the holder, is
equivalent to payment; and if the
check is a forgery, of which the hold-
er was ignorant, the bank must sup-
port the loss. Levy v. The Bank of
the United States,




1. Where a penalty has for its end to in-

sure the performance of the principal
obligation, it does not destroy it. Canal
Company v. Sansom.

2. A penalty inflicted by an act of as-

sembly for the doing á particular
thing, implies a prohibition of that
thing. Mitchell v. Smith.


1. The orphan's court may if necessary

direct an issue, to settle a disputed
fact. Yohe v. Barnet.

2. A. obtains judgment against B. his

son in law, and then dies intestate
seised of real estate, and leaving seve-
ral children, among whom is the wife
of B. The real estate is divided into
fewer parts than there are children,
and they are allotted accordingly un-
der the direction of the law, that a
bond shall be given by those who take
wife among the number, for their ress
pective purparts. B. is insolvent, and
his debt to A. unpaid. The orphan's
court may order B.'s debt to be de-
ducted from the amount of the bond
for his wife's part.




See Frauds and PERJURIES, 1. 2. 3.


1. In order to reach the estate of a de-

ceased partner, an action for a part-
nership debt lies against his executor
if the surviving partner be a certifica-
ted bankrupt before action brought.
Lang v. Keppele.

2. One partner cannot maintain assump-

sit against the other, for the proceeds
of a partnership adventure, unless

1. Where a defendant pleads payment to

an action of debt on a bond, and at-
tempts to defeat the bond by giving
evidence of fraud, or want of conside-
ration, but makes no set-off, the plea
is not under the defalcation act, but is
allowed under the equity powers of
the court, to give the defendant an
equitable defence; and therefore if he
fails, the judgment shall be entered for

the penalty. Sparks v. Garrigues. 152
2. Under the plea of payment to a scire
facias to revive a judgment, the de-
fendant may give in evidence that
when he executed the bond and war-
rant, upon which the judgment was
confessed, the plaintiff promised to

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