« 上一頁繼續 »
BILLS OF EXCHANGE-continued.
no notice of dishonour, 192
who entitled to, ib.
what notice should contain, ib.
who should give notice, ib.
when to be given, ib.
what days excluded from computation of time, ib.
sufficient that notice is posted, 193
voluntary discharge, ib.
giving time to party primarily liable in case of accommodation bills, ib.
fraud a defence as between immediate parties, ib.
aliter, as to claims by third parties, ib.
BILL OF LADING,
what is a, 194
made in parts, ib.
what it contains, ib.
indorsee of, may stie in his own name, ib.
what title acquired by indorsement, ib.
fraud prevents property passing by indorsement, ib.
when bill of lading may be countermanded, 195
construction of clause as to non-liability for breakage, &c., ib.
statement of claim on, for injury to goods comprised in, 194–196
statement of claim in action on, for damage to goods in consequence of
negligent stowage, 196
statement of claim by indorsees of, for price of goods sold as part of
stranded ship, 197, 198
statement of claim by consignee for injury to portion of goods shipped and
loss of others, 198, 199
BOARDING HOUSE KEEPER. See INNKEEPER.
definition of, 199
absolute and conditional, ib.
when conditional, effect of illegality in condition, 199, 200
no particular form of words necessary to constitute a document a bond, 200
if no time fixed for payment of, is payable on demand, ib.
statement of claim in action on annuity bond, 199, 200
statement of claim in action on bond to secure due performance of duty and
against defalcations in accounts, 200
BOOK. Ses COPYRIGHT.
BREACH OF CONTRACT. See SALE; STOCK ; WORK AND LABOUE.
statement of claim for breach of contract by defendants to make a propeller
shaft claiming special damage, 201, 202
statement of claim for breach of contract to construct ships, 202, 203
statement of claim for breach of agreement to make a steam roller by a
certain day (time being of essence), and claiming amount agreed for
liquidated damages, 203, 204
statement of claim on nearly the same facts, i.e., where no stipulation of
time being of essence, but claiming special damage, ib.
statement of claim for breach of agreement to contribute to the expenses of
forming a company, 204-206
statement of defence thereto, 206, 207
BREACH OF PEACE,
assault in preventing, justified. See ASSAULT AND BATTERY.
BREACH OF PROMISE OF MARRIAGE,
promise need not be evidenced by writing, 207
but corroboration of plaintiff essential by 32 & 33 Vict. c. 68, s. 2, ib.
what amounts to corroboration, ib.
what averments necessary in statement of claim for, ib.
measure of damages for, ib.
denial of promise, ib.
promise conditional and condition unfulfilled, ib.
discovery of immoral or depraved conduct on the part of the plaintiff since
material misrepresentation by plaintiff of circumstances of family or
previous life, ib.
exoneration, 207, 208
what sufficient evidence of, 208
statute of limitations, ib.
what will not constitute a defence, ib.
bodily infirmity of plaintiff supervening after promise, ib.
insanity of plaintiff though unknown to defendant at time of promise, ib.
pre-contract by plaintiff to marry another person and concealed from
defendant, unless fraudulent, ib.
that defendant was married at time of promise, if plaintiff was ignorant
of the fact, ib.
statement of claim for breach of promise to marry, 207–208
statement of defence to preceding claim, 208, 209
statement of claim for breach of promise to marry and for breach of special
statement of defence to preceding claim, that the promise and agreement
were obtained by undue influence, 210-213
statement of claim for penalty for. Sce PENALTY.
BROKER. See STOCKBROKER.
statement of claim for misrepresenting value of. See MISREPRESENTATION.
CARRIER. See COMMON CARRIER.
action on the. See LIMITATION.
CATTLE. Sce AGISTMENT.
injuries to, by dogs, &c., actions for. See FEROCIOUS ANIMALS.
CERTIFICATE. See ARCHITECT ; SOLICITOR.
definition of, 214
correlative rights and duties of charterer and shipowner, ib.
in actions by shipowner he must allege and prove compliance with
warrantees and conditions precedent, ib.
what constitutes a warranty or condition precedent,
implied warranty of seaworthiness at commencement of the voyage, ib.
measure of damage for not loading, 214, 215
demurrage, when action lies for, 215
as to delay occasioned by unforeseen events, 215
liability of parties as to loading and delivery where charter-party silent, ib.
freight when payable, ib.
who may sue for, ib.
pro rata freight, ib.
lien for freight, 215, 216
ner has no lien for goods shipped for unliquidated damages for not
statement of claim by shipowner against charterer for not loading,
statement of defence to preceding claim, 217
statement of claim for not loading (another form), 217, 218
statement of claim against charterer for not loading according to charter-
party and demurrage (plaintiffs having accepted another cargo, for
which he was paid, from defendants “without prejudice "), 218, 219
statement of claim for demurrage only, 219, 220
statement of defence to preceding claim, 220, 221
statement of claim against charterer for balance of hire of vessel chartered
for four months, 221, 222
statement of defence and counterclaim to preceding claim, 222, 223
reply to preceding defence, 223
statement of claim by shipowner for expenses of discharging cargo, shippers
refusing to do so, 224, 225
statement of defence that ship did not go to place of destination, and that
expenses incurred improperly, 225
statement of claim in the alternative for balance of freight and damage for
not loading according to charter-party, whereby plaintiffs were com-
pelled to take lower freight, 226, 227
statement of defence to preceding claim that defendant exercised option to
cancel charter-party on late arrival of ship at port of loading, and that
another charter-party was substituted, 227, 228
reply to preceding defence that notice of cancelment not given within
reasonable time, and that authority of plaintiffs given to master to enter
into new charter-party was obtained by fraud, 228, 229
statement of claim for difference between estimated amount of freight under
charter-party and amount paid, part of cargo being made up of lighter
material than agreed (cotton instead of rice), 229—231
statement of defence and counterclaim (for injury to goods) to claim (not
given) for freight and expenses indorsed on writ, 231, 232
statement of claim by shipper against shipowner for refusing the services of
ship's crew to take a cargo on board, 232, 233
statement of claim against shipowner for delay and deviation, 233, 234
statement of defence and counterclaim (for balance of freight) to preceding
claim, 234, 235
statement of claim for delay and deviation (another form), alleging loss by
rise in prices during the delay, 235, 236
statement of claim for damage to cargo, the vessel not being staunch as
undertaken by charter-party, 236—238
CHEQUES. See BILLS OF EXCHANGE, &c.; BANKERS.
CHOSE IN ACTION,
formerly not generally assignable, 238
provision of Judicature Act, 1873, making them generally assignable, ib.
assignment to be in writing under hand of assignor, ib.
must be absolute, and not by way of charge only, ib.
CHOSE IN ACTION-continued.
express notice of assignment to be given to debtor, ib.
debtor, &c., may interplead where assignor disputes assignment, or where
there is any other opposing or conflicting claim made to debt, ib.
may interplead before action brought, 238, 239
nothing to be deemed an assignment under Act which would not formerly
be either a legal or equitable assignment, 239
cheque is not assignment by drawer of amount in banker's hands to credit
of payee, ib.
debtor in action on assignment of debt may set off' claim against original
but may not make it the subject of a counterclaim, ib.
statement of claim in action on debt assigned under 25th section of Judica-
ture Act, 1873, 238, 239
statement of defence to preceding claim setting forth rescission, payment
into cou of part, and denial of performance of a condition nt,
reply to preceding defence, 242, 243
CLAIM, STATEMENT OF. See PLEADINGS.
the 34 & 35 Vict. c. 44, enables clergymen permanently incapacitated to
resign their benefices, and are thereon entitled to pension of one-third of
the value of the benefice, 246
pension a charge on revenues of living and recoverable from incumbent, ib.
pension not assignable, ib.
statement of claim by, for possession of rectory and glebe lands, 244–246
statement of claim by clergyman who has resigned his benefice for payment
of pension under 34 & 35 Vict. c. 44, 246
notice to which entitled. See WRONGFUL DISMISSAL.
statement of claim against pilot for negligence causing. See NEGLIGENCE.
statement of claim against railway company for negligence causing, ib.
COMMENCEMENTS AND CONCLUSIONS OF PLEADINGS. Sec PLEAD-
COMMISSION. Sec AGENTS.
all agents impliedly entitled to, by engagement, 247
amount of, in absence of stipulation, determined by usage of trade, ib.
where commission payable" (by agreement) on sale, none payable unless
as to shipbroker's commission, ib.
as to house agent's commission, ib.
right to, how affected by death of principal, ib.
right of agent to, where authority revoked otherwise than by death,
where agent employed to find purchaser at a given price, finds one, but
principal then refuses to sell, what amount claimable, 248
when agent may claim beyond, for services, ib.
statement of claim for commission by house agent, 247, 248
statement of claim by several plaintiffs in the alternative for commission on
the sale of a steamer, 249
statement of claim by shipbroker for commission on finding a charterer, 250
statement of claim by auctioneer and valuer for commission on a sale,
statement of claim for commission by army agent on effecting regimental
exchange, 251, 252
statement of claim for commission upon valuable contract procured by aid
of the plaintiff, 252, 253
who are, 254
liabilities of, at common law, ib.
bound to carry all goods offered to them, if reasonable charge tendered,
and to deliver them within reasonable time, ib.
are insurers of the goods entrusted to them for carriage, ib.
and liable for loss occasioned in any way except by the act of God and the
Queen's enemies, ib.
meaning of the expression “act of God," ib.
liability for injuries to live stock during transit, 254, 255
not liable for injuries caused to goods by ordinary wear and tear or
nor for natural decay of perishable goods, ib.
may limit their liability by special contract, ib.
statutory modifications of liabilities of, 255—259
provisions of 11 Geo. IV. & 1 Wm. IV. c. 68 (Carriers Act), 255—257
carrier by land not liable for loss, &c., of specified articles, if above 102.
in value, unless value declared at time of delivery to carrier, 255—256
carrier may demand increased charge, 256
to give receipt for the increased charge, 256
general notices limiting liability invalid, ib.
special contracts not affected by Act, ib.
Act not to protect carrier against felonious act of his servant, ib.
carriers by land and sea within Act as to land journey,
decisions as to what packets and articles within Act, 257
not protected under Act where delay the ground of action, ib.
if value not declared, carrier not liable for gross negligence of his ser-
nor semble of carrier himself, ib.
aliter, where loss through wilful misfeasance or stolen by carrier's
provisions of 17 & 18 Vict. c. 31 (Railway and Canal Traffic Act),
railway companies, &c., may make reasonable conditions (reasonableness
to be determined by Court) respecting the receiving, forwarding, &c.,
of animals, articles, &c., 257
test for determining reasonableness of conditions, 258
railway companies, &c., not liable beyond specified sums for certain
animals, unless value declared and increased charges paid, ib.
the sums or rates to be notified as prescribed by Carriers Act, ib.
may make special contracts, but not to be binding unless signed by
consignor or person delivering, 258
company not exempt by reason only of consignor not having signed
special contract, ib.
provisions of Act only apply to carriage of goods, &c., over lines worked
by the company, ib.