Action lies for balance due upon an account stated, 417. by one copartner against his companion, Ib. what is evidence of an account stated, 418. ACTION UPON CONTRACTS AND PROMISES, within what time to be commenced, 68. ADMINISTRATOR. See Executor. AGENT. See Principal, Factor, Broker and Agent; and Money Had and Received. AGREEMENT. See Contract. ANNUITIES, in what cases the purchase-money may be recovered back when an APPRENTICE, the master of, entitled to his earnings, for services performed for another, 527. ARBITRATOR, liable for necessaries furnished his apprentice, 533. no action lies for business done as such, 255. ATTORNIES, when entitled to sue for the recovery of their bills of costs, 247. liable to an action for negligence: but negligence is no defence to an action for costs, 253. AUCTION, of sales by public auction, 132. employing puffers avoids a sale, Ib. a bidder may retract his bidding before the hammer is down, &c., Ib. an agent for buyer and seller, 99. but his clerk is not, 103. a stake-holder of the deposit for both parties till the sale is complete, 272. liable to an action for the deposit without interest, if the title be de- AUCTIONEER, (continued.) liable for deposit and expences if he does not disclose his principal, 135. liable to an action for selling the fixtures in a house after notice, Ib. cannot recover against his principal the amount of auction duty paid in B. BAIL, money paid by bail for his principal, 398. BANKRUPT, a promise to pay a debt barred by his certificate, 19. of a promise by a bankrupt or his friend when void, 54. 66. money paid by a friend to sign a certificate, &c. when recoverable back, BARGAIN AND SALE OF GOODS WITHOUT DELIVERY, 131. who liable for necessaries found for, 638. BILLS OF LADING, sale of goods by transfer and indorsement of, 160. in whom the property of goods is vested, Ib. BRICKS, sale of under the statutable size, void, 66. 568. where work is done under a special contract and for a fixed price, any in an action for work and labor and materials, the employer may shew CARRIERS, who are deemed common carriers, and their liability for the loss of goods, 568. By land, how far deemed in the nature of insurers against fire, robbery, &c. 569, &c. what shall be deemed a delivery and acceptance of goods by a carrier, Ib. in what cases liable, notwithstanding such notices, either by accepting by whom the action must be brought, in case of loss or damage of goods, .582. general lien upon goods, 584. By water, liable for loss of goods, 585. CARRIERS, (continued.) By water, of their exemption in particular cases by reason of the exception in a bill CLERGYMAN. See Services and Works. COHABITATION, agreements for future cohabitation void: but not a promise by way of COMMISSIONERS TO EXAMINE WITNESSES. See Services and Works. of material circumstances vitiates a contract if done fraudulently, 59. various kinds of, to support a promise, 7. CONSTRUCTION OF CONTRACTS, 25. of the nature and parts of a contract and promise, 1. express and implied contracts and promises, 3. must be made upon a good consideration, 7. ought to be obligatory on both parties, 2. of the construction of, 23. a penalty or stipulated damages, 28. stamping of, 44. illegal at common law, 53. by the statute law, 59. limitation of actions upon, 68 CONTRIBUTION, between co-sureties, 401. to party walls. See Party Walls. COUNSEL, can maintain no action for fees, 247. not liable to an action for return of fees, &c., 233. CREDIT, on sale of goods, 179. D. DAMAGES. See Penalty and Stipulated Damages. DEBTOR AND CREDITOR, if upon a composition a creditor obtains more money from his debtor DECEIT, obtaining goods upon pretence of a sale, &c., 116. 168. if upon a distress and seizure of the goods of a tenant, a parol promise DRUGS, sale of prohibited drugs to a brewer void, 65. E. EARNEST. See Sales. EAST INDIA COMPANY, ship, sale of the command of, void, 451. EAST INDIES, trading to, by private persons, 65. ELECTION, treating at an election, and contracts made thereon, void, 66. ENEMY, trading with an enemy, EXECUTION, without the king's licence, void, 57. a verbal promise by a third person to pay a debt, in consideration of giving EXECUTOR AND ADMINISTRATOR, a verbal promise by, to pay the debt of the testator or intestate, void, 8. F. FACTOR. See Principal and Factor. FAIRS, sale of goods in, 166. FATHER AND SON, a father is liable for necessaries furnished to his son, 629. but not liable whilst the son is living from his father, if the latter makes not liable to provide for his wife's children by a former marriage, but he is, however, liable to tradesmen supplying them with necessaries if a son, under a general authority from his father, receives money from if a trader, upon a misrepresentation by a father respecting his son, an FEME COVERT. See Married Women. sole trader in London liable to be sued as a feme sole in the city courts, 599. a promise to pay a debt of a third person, in consideration of forbearance FORESTALLING ILLEGAL, 65. FRAUD, contracts infected with fraud are void, 58. FRAUD, (continued.) deceitfully obtaining goods under a pretence of sale, &c., 175. FRAUDS, STATUTE OF, Relating to the sale of goods for the price of 10l. and upwards, the public stock, &c. not goods, 84. executory and executed contracts within the statute, 82. goods in esse, and in a fit state of immediate delivery, at the time of a contract for several distinct articles amounting to 107. is with the an actual delivery not necessary where the goods bought are ponderous, but there must be either an actual or symbolical delivery, and an ac- if an absolute contract be made for one article, and a conditional con- a parol dispensation of the terms of delivery does not avoid the con- a delivery of goods to a carrier sufficient, Ib. what shall be a sufficient delivery upon a sale by sample, 94. what is a sufficient payment of part of the price, or of giving some- the note in writing need not be in any particular form of words, Ib. he must be unconnected in interest with the contract; therefore a a broker or auctioneer employed to sell is deemed agent for both but an auctioneer's clerk is not, 103. of a broker's bought and sold note, Ib. Relating to promises by an executor or administrator. a promise by an executor to pay the debt of his testator, unless in Relating to promises to be answerable for the debt, default, or miscarriage A promise to be in any manner answerable for the debt or default of So, for money or goods supplied to another, 192. where the party promising is in any manner liable to the original debt, nor where the consideration for the promise is made to the party Relating to an agreement not to be performed within a year, 231. |