CONTRACTS GENERALLY-continued. illegal contracts, 186-8a, 193 contracts in violation of the Lord's Day Act, 189 contracts by or with unlicensed brokers and appraisers, fraud, 194-203 falsehood, 199 contracts of immoral tendency, 204, 204a interfering with justice, 217 in restraint of trade, 217 creating a monopoly, 217 against the revenue, 217 marriage brokerage contracts, 217 in restraint of marriage or cohabitation, 217 respecting a separation, 217 for appointments, 217 for recommending to situations for secret reward, 217 inconsistent with public duties, 217 exempting from consequences of illegal acts, 217 amounting to maintenance or champerty, 217 inimical to Christianity, 217 gaming, 219-224 all that are injurious to public welfare, 217 for the burial of a non-parishioner, 218 between subscribers to a charity, 225 non-performance of, 254 what contracts pass in liability or benefit to the executor or administrator, 1040—9 parties to contracts, 204 by or with married women, 205, 376-382 persons who are not free agents, 206 infants, 205, 207-210 persons of unsound mind, 205, 211, 212, 212a intoxicated persons, 213 aliens, persons domiciled in an enemy's country, or in his service, 214, 215 outlaws and criminals, 216 distinction between void and voidable transactions, as regards confirmation, 226 recovery of money paid under a contract, 227 recovery of goods delivered for a fraudulent purpose, 228 CONTRACTS GENERALLY-continued. motive or animus in cases of breach of contract, 229 how a contract ought to be evidenced and construed, 231-251a effect of recitals, 240 effect of erroneous additions, 241 repugnancy, 242 contracts made in one country and to be performed or joint or several contracts, 244, 245 contract in the alternative, 246 time for performance, 247-251a where time is of the essence of the contract, 252 meaning of the word "month," 251 demand of performance, 253 excuse of performance, 254 stamps, 260, 261 revocation of a gratuitous promise, 255 rescinding or discharging contract, 255- dissolution of contract by death, 259 CONVERSION, 1310, 1315-1320 COPYRIGHT, assignment of, 171 COUNSEL, rules as to, 1169–1171 COURTS, of what the business of the Common Law Courts con- COVENANT, action of, 1308 benefit of, 1040, 1046 liability on, 1040, 1048 CREDITORS. See DEBTOR AND CREDITOR. CRIMINALS, contracts by, 216 CROPS, 492 sale of crops, 165 failure of crops contracted to be sold, 254 away-going crops, 192 CURTESY, 371 DAMAGES, general remarks on, 1334-1351 in actions of contract, 1337 of tort, 1348, 1349 against carriers and innkeepers, 1184, 1229 of trover and conversion, or for conversion, for breach of promise of marriage, 337 by a purchaser of realty, 1345 by a vendor of realty, 1346 for seduction, 405, 406 mayhem, 9 false imprisonment, 71 defamation, 116 malicious arrest or prosecution, 126-138 trespass, 264-9 disturbance, 296a-301 non-delivery or non-acceptance of goods, shares, or nuisances, 270-5 liquidated, 1339 damages naturally resulting, 1340 when dependent on the motive or animus, 1347 for obstructing a right, 306 for not allowing inspection by lessor in reference to waste, 292 recoverable by lessee and reversioner, 307 in cases where there is a penalty, 1338 with whom question of damages rests, 1336 a new trial on account of the damages given, 1350 reduction of damages by accidental insurance policy, 1351 DANGER, from nuisances or negligence, 1-44 DAYS OF GRACE, in the case of bills and notes, 733 DEATH, caused by tort, 41—4 DEBENTURES, found or stolen, 648 DEBT. See DEBTOR AND CREDITOR. action of, 1306 DEBTOR AND CREDITOR, consideration, 819 division of debts, 820 judgment debt, 821 statutes and recognisances, 822 elegit, 823 warrant of attorney to confess judgment, 824 operation of a judgment as a charge, 825 protection to purchasers, mortgagees, and creditors against judgments, 826-9 protection to landlords against executions, 830 more than one writ of fi. fa. against the same debtor, 898 decrees, rules, and orders, having effect of judgments, 832 charging orders, 833 from what time the goods of an execution debtor are specialty debt, 836, 837 simple contract debt, 838 contract of debt, 839 division of accounts, 840 open accounts, 841 stated accounts, 842 money lent for an illegal purpose, 843 interest, 844-851 where payable, 844-6 when it commences, 847 when it ceases, 848 DEBTOR AND CREDITOR-continued. interest-continued. rate of interest, 849, 943 compound interest, 850 tender, 851-3 payment by bill or note, 855 through the post or a bank, 854 to one executor, trustee, or joint creditor, 857 proof of payment or non-payment, 860 satisfaction, 858 stamps on receipts, 861, 862 connected accounts, 863 appropriation of payments, 864 frauds on creditors parties to a composition, 865 guaranty, defined, 866-8 one person inducing a tradesman to supply goods to enactments of the Statute of Frauds, 870-3 extent of liability, 877 by a partner, 628 misrepresentation practised on a surety, discharge of a surety, 879-882 878 when a surety is released by the release of the debtor, 886 reimbursement of a surety, 883 contribution between sureties, 887 right of surety to the creditor's securities, 888 Lord Tenterden's Act as to representations or assurances, 889 set-off, 890, 891 release, 892-7 creditors or partners. See PARTNERS. appointing debtor to be executor, 895 marrying debtor, 895 release by one joint creditor, 896 of one joint debtor or contractor, 897 judgment against one of two joint debtors, 1332 |