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statement of claim in action by master for misconduct of apprentice on
covenant in indenture, 120, 121
statement of defence and counter-claim to above, 121, 122
reply and demurrer to above, 122, 123
ARBITRATION. See AWARD).
liability of, when engaged to determine disputes between builder and
is only liable for fraudulently withholding certificate, ib.
and not for mere error in discharge of duty, ib.
statement of claim by builder against architect for fraudulently withholding
his certificate, 123–125
ARREST. See MALICIOUS ARREST ; FALSE IMPRISONMENT.
ASSAULT AND BATTERY,
definitions and illustrations of, 125
negligent act may be, ib.
justification of, ib.
defence of one's house or land, 126
moderate chastisement, ib.
constables executing warrants, ib.
a ground for action or prosecution, ib.
where case finally determined before justices, prosecutor precluded from
if amounting to a felony, quæere whether plaintiff precluded from suing, ib.
statement of claim for assault (with claims for trespass and trover com-
statement of claim against railway company for assault by their servants,
statement of defence to preceding claim, that the assaults were committed
in restraining plaintiff from entering a carriage when in motion, and in
removing him for disorderly conduct, 128
statement of claim for assault by schoolmaster on pupil, 129
statement of defence to preceding claim that pupil was moderately and law-
fully chastised for disorderly conduct, 129, 130
statement of claim against constable and surgeon for indecently assaulting
a female prisoner, 130
statements of defence, ib.
ASSIGNEE. See CHOSE IN ACTION ; BANKRUPT ; LANDLORD AND TENANT.
common counts in, abolished. See PLEADINGS.
ATTORNEY. See SOLICITOR.
AUCTIONEER. See COMMISSIOX.
statement of claim in action against ship-owner for not preparing a proper
average statement, 131, 132
statement of claim in action for average on sale of a wrecked cargo, 132, 133
how enforced, 133
what averments in statement of claim on, necessary, ib.
irregularities in relation to the award, ib.
misconduct of arbitrator, ib.
law as to, not affected by Judicature Acts, 134
statement of claim on, 133, 134
liability of defendant to be held to bail or arrested on capias not taken
away by Abolition of Imprisonment for Debt Act, 135
modification of the law on the subject, ib.
statement of claim in action on recognisance against bail, ib.
what constitutes a, 136
liability of hirer of chattels, ib.
implied authority, to experd money in repairing chattels, ib.
liability of gratuitous borrower of chattels, 136, 137
liability of pawnbroker, 137
liability of gratuitous mandatory, ib.
liability of paid mandatory, ib.
two classes of, ib.
liability different with reference to each, ib.
statement of claim in action for misusing horse and dog-cart hired by defen-
dant, 136, 138
statement of claim in action for injury to goods in furnished apartments by
statement of defence and counterclaim to preceding claim, 138, 139
reply, 139, 140
statement of claim in action for negligent keeping of furniture whereby
it was burned, 140
statement of claim for negligence of bailees (two defendants) in not taking
proper care of wine in their warehouse, 140, 141
statements of defence to preceding claim, 141, 143
statement of claim for negligence of bailees in not properly packing silk,
statement of defence to preceding claim, 145, 146
liability of, for dishonouring customer's cheque, 146
in the case of branch banks, ib.
as to right of party other than customer to sue banker, 147
liability of, for payment of forged cheques, ib.
as to payment of cheques which bear forged indorsements, ib.
statement of claim against bankers for dishonouring a customer's cheque,
statement of claim against bankers for dishonouring customer's cheque,
setting out special undertaking that it should be paid, 148, 149
statement of defence to preceding claim, 149, 150
statement of claim in action by bankers to recover money paid by mistake,
statement of defence to preceding claim, 152, 153
how they sue and are sued, 102
actions by trustees in, 153
property vested in trustee on, ib.
relation back of title, ib.
name in which trustee to sue, ib.
what interests of bankrupt pass to trustee, 154
rights of action for breach of contract pass, ib.
when rights of action for tort pass, 154, 155
order and disposition clause, 155
when trustee may affirm or disaffirm dealings of the bankrupt, 155, 156
protected transactions in, 156
ss. 94 & 95 Bankruptcy Act, 1869, their effect, ib.
when execution creditor protected, 156, 157
trustee and solvent partner suing together, 157
claims by trustee in, may not be joined with claims in any other capacity, ib.
defences to actions by trustees in, 157, 158
payment to person who has committed act of bankruptcy, when good
against creditors, ib.
, 157, 158
what claims may be set-off, 158
actions by trustees under liquidation, ib.
relation back of title of, ib.
actions against bankrupts, ib.
when bankruptcy a defence, ib.
liability for debts incurred by fraud notwithstanding discharge, 159
when composition a defence, 158, 159
when liquidation by arrangement a defence, 159
statement of claim by trustee in bankruptcy for debt due to bankrupt,
statement of claim by trustee in liquidation, 158_160
statement of claim by trustee in bankruptcy for damages for breach of con-
tract made with the bankrupt, 160
statement of claim by trustee of Scotch sequestration registered in London
Bankruptcy Court, 161, 162
statement of defence to claim (not given) that defendant's creditors accepted
a composition, 162, 163
reply thereto, 163
statement of defence of liquidation by arrangement, 163, 164
BILLS OF EXCHANGE, &c., --continued.
acceptance by partners, 167, 168
direetors of joint-stock, mining, and railway companies have no power to
accept for Company, 168
acceptance by agents, ib.
nature of liability of acceptor in relation to other parties to bill, 173
what necessary to constitute title by, 169
how indorsement stated in pleading where intermediate transfers, ib.
INTEREST ON, 169, 170
PRESENTMENT FOR ACCEPTANCE, 172
presentment of bill payable a certain time after sight, ib.
PRESENTMENT FOR PAYMENT, 174
days of grace, ib.
where presentment to be made, ib.
depends on way in which bill accepted, ib.
NOTICE OF DishoŇOU R, ib. See infra, GENERAL DEFENCES, &c., under this
what excuses from giving, 174, 178
circumstances excusing non-notice to be stated in pleading, 175
waiver of notice, ib.
statement of claim by payee of bill against acceptor, 164, 165
statement of claim by payee of bills against acceptor, and on original debt,
statement of claim by indorsee against acceptor, 169
statement of defence thereto alleging no consideration, 170, 171
reply thereto, 171
statement of claim by indorsee against acceptor on a bill payable at a parti-
cular place and not elsewhere, 171, 172
statement of claim by indorsee against drawer for default of accceptance,
statement of claim by indorsee against drawer of bill, 173
statement of defence thereto, 173, 174
statement of claim by indorsee against drawer for default of payment,
alleging notice of dishonour and alternatively excusing notice of dis-
honour, 174, 175
statement of defence to preceding claim, 176
statement of claim by payee against drawer for default of payment where
acceptor dead at maturity of bill, and no executor or administrator
statement of claim by payee against drawer for default of payment where
defendant has dispensed with presentment for payment, 176, 177
statement of defence to action by drawer agaiust acceptor where plaintiff
has proceeded by specially indorsed writ and notice in lieu of statement
of claim, 177
statement of claim by holder against acceptor, drawer, and endorsers,
statement of claim by acceptor of an accommodation bill, who has been
compelled to pay, against drawer on the implied indemnity, 178, 179
what are foreign bills, 179
a bill of exchange prima facie inland, ib.
how foreign bills are drawn, ib.
statement of claim by indorsee against acceptor, 179, 180
statement of defence thereto, 180
statement of claim by indorsee against indorser, 180, 181
BILLS OF EXCHANGE, &C., --continued.
not negotiable at common law, 181
quaere is note payable to maker's orders negotiable, ib.
in action against maker no presentment need be averred, ib.
aliter, if undertaking is to pay at a particular place, ib.
in action on note payable on demand, no demand need be averred, ib.
notes payable by instalments are within statute of Anne, and negotiable,
maker and indorser may be joined as co-defendants under present practice,
what necessary to state and prove in action against indorser, 184
statement of claim by payee against maker for default of payment, 181, 182
statement of claim by payee against maker of note payable by instalınents,
statement of defence and counter-claim thereto, 182
statement of claim by indorsee against maker, ib.
statement of claim by indorsee against maker and indorser, 183, 184
statements of defence thereto, 184
notice (in lieu of statement of claim) where writ specially indorsed with
copy of note, &c., 184, 185
statement of defence thereto, 185
reply, 185, 186
statement of claim by indorsee against maker on two notes, also stating
grounds of action for money lent, 186, 187
points of resemblance and difference between, and bills, 187
holder of, cannot compel banker to pay it, ib.
effect of delay in presenting, for payment, ib.
as to notice of dishonour on non-payment when presented, 187, 188
provisions of 39 & 40 Vict. c. 81, as to, 190
what amounts to crossing, ib.
“crossing generally,” ib.
“ crossing specially,” ib.
bankers liable if they pay, otherwise than directed by Act, ib.
statement of clain by payee of cheque against drawer for non-payment,
statement of claim by indorsee of cheque against indorser, 188
statement of defence thereto, 188, 189
statement of defence (to special indorsement and notice in action on cheque)
setting out want and failure of consideration and fraud, 189, 190
statement of claim by bearer of crossed cheque against drawer for non-pay-