« 上一頁繼續 »
statement of claim on guaranty of the honesty of servant, 335—338
statement of claim on guaranty of the payment of rent, 338, 339
statement of defence to preceding claim, 339
statement of claim on guaranty for rent of farm and return of stock thereon,
statement of defence to preceding claim alleging that terms of tenancy were
altered, &c., 341, 342
reply to preceding statement of defence, 343
statement of defence to claim (not given) on guaranty that certain bills
would be paid at maturity, setting forth concealment of material facts,
fraud, &c., 343-345
HEIR. See RECOVERY OF LAND.
HIGHWAYS. See NUISANCE ; TRESPASS.
HIRE. See BAILMENT ; CHARTER-PARTY.
HIRING. See WRONGFUL DISMISSAL.
HOTEL KEEPER. See INNKEEPER.
HUSBAND AND WIFE,
wife could not at law or in equity sue alone, 345
exceptions to this rule, 345, 346
where husband a convict, 345
where he is presumed to be dead or to have abjured the realm, ib.
where wife is judicially separated from her husband, 345, 346
where she has obtained a protection order under 20 & 21 Vict. c. 85, s. 21,
for recovery of wages, earnings, and property declared by 33 & 34 Vict.
c. 93 to be her separate property, ib.
what classes of property within that Act, ib., 347
for recovery of property belonging to her before marriage, which husband
by writing declared should be her separate property, ib.
semble, married woman trading separately may sue alone for libel or slander
of her in her trade, 347
married woman may in any case sue alone by leave of Court or judge, ib.
status of divorced wife, ib.
when husband must be joined in actions by wife, ib.
where action on contract made with wiie before marriage, ib.
where action to enforce a right of wife as executrix, ib.
where suit is for tort to person or reputation of wife before or during
cases in which action may be brought in name of wife alone, or of husband
and wife, ib.
where action for injury to wife's realty during marriage, ib.
where action on contract with wife during marriage, ib.
where action on negotiable instrument given to wife before mar-
effect of death of husband or wife, 347, 348
married woman cannot as a rule be sued alone, even with respect to her
separate estate, 348
nor in cases under the Married Women's Property Act, 1870, ib.
Exceptions to rule-
where husband civilly dead, ib.
where he is presumed to be naturally dead, ib.
HUSBAND AND WIFE-continued.
ACTIONS AGAINST- Exceptions to rule that wife cannot be sued alone-continued.
where wife has obtained protection order, 348
where husband is an alien enemy, 348
where wife has obtained leave to defend alone on giving security for costs
under Order XVI., rule 8, ib.
liability of husband on contracts and torts of wife before marriage, ib.
distinctions based on the date of the marriage, and having reference to the
effect of the Married Women's Property Acts, 1870 and 1874, ib.
liability of husband on contracts and torts of wife during the marriage,
wife cannot during coverture bind herself personally, 349
but she may sometimes bind her separate estate, ib.
she may bind her husband by her contracts, ib.
and her husband and herself by torts, ib.
but execution is only against husband, ib.
general rule as to extent to which married woman may bind her husband
by contracts, 349, 350
effect of death of husband or wife on liability of survivor, 350
statement of claim by husband and wife for slander upon the wife, and
assault on husband, 345--350
statement of defence to preceding claim, 350
statement of claim by husband and wife for personal injuries to the wife, 351
statement of defence to preceding claim, 351, 352
statement of claim against husband and wife to charge wife's separate pro-
perty in respect of debt of wife sued on, 352
statement of defence to preceding claim. 353
statement of claim against husband on promissory note given by wife before
marriage, 353, 354
statement of defence to preceding claim, setting up Married Women's Pro-
perty Act, 1874, 354, 355
statement of claim against husband and wife for libel published by the
No action can be maintained on promise to do an illegal act or an act wit
an illegal object, 355
nor on a promise founded on illegal consideration, or on several considera-
tions, any of which is illegal, ib.
if there are several promises, some legal and others illegal, founded on
legal consideration, only the illegal promises are void, ib.
test for determining when illegality precludes a person from maintaining
plaintiff cannot recover for work done, &e., if in violation of Act of Parlia-
printer cannot recover for printing obscene, or blasphemous book, ib.
indemnity by railway company to promoters of another railway for expences
should they fail to obtain a bill, illegal, ib.
aliter, a promise by railway company to pay landowner in consideration of
withdrawing opposition to bill for extension of powers, ib.
London broker cannot recover commission unless duly licensed under
6 Anne, c. 16
but he may recover for money paid to a seller on account of his principal
for which broker is by usage liable as principal, ib.
money lent for purpose of playing illegal game cannot be recovered, ib.
aliter, as to money paid at request of defendant on fulfilment of wagering
bond to secure racing debt is void, 356
as to letting for illegal purposes, ib.
contracts made on a Sunday, ib.
contracts in restraint of trade, ib. See GOODWILL.
how defence of illegality must be pleaded, ib.
statement of defence to annuity bond that it was made in consideration of
compromising a suit in the Divorce Court, 279
statement of defence to promissory note, that it was given for amount of
betting debt, 182
party to immoral contract or one involving encouragement to immorality
cannot recover for breach of it, 356
brothel keeper cannot recover for board, &c., supplied to prostitute, ib.
rent of room let for prostitution cannot be recovered, ib.
so hire or price of brougham supplied to prostitute, with knowledge that
it was to be used for attracting men, ib.
plaintiff in such cases need not be proved to have looked to proceeds of
person selling goods, &c., to prostitute not evidently purchased, &c., for
prostitution, not precluded from recovering, 356, 357
bond or agreement in consideration of future illicit cohabitation invalid,
but bond or deed in consideration of past cohabitation is valid, ib.
aliter, a parol agreement, whether verbal or written, ib.
how defence of immorality should be pleaded, ib.
statement of defence to annuity deed that it was given in contemplation of
future cohabitation of an adulterous character, 256, 257
INCONSISTENT CLAIMS AND DEFENCES. See PLEADINGS; “Statement
of Claim ;” “Statement of Defence.”
INDEBITATUS COUNTS abolished. See PLEADINGS.
acceptor of bill for accommodation of another entitled to implied, 178
assignor of lease entitled to implied, from assignee for money he has been
compelled to pay as rent accruing after assignment, 449
Statement of claim by acceptor of accommodation bill for amount which he
has been compelled to pay, 178, 179
INDORSEMENT. See Bills OF EXCHANGE, &c.
infants not now liable on any contracts, whether by special or simple con-
tract, except for necessaries, 357
whether for repayment of money lent or payment for goods supplied, ib.
no promise made after full age to pay debt contracted or ratification of
promise made during infancy valid, ib.
unless there has been some new consideration for the promise or ratification
after full age, 357
necessaries," 357, 358
necessaries for infant's wife on same footing as those for himself, ib., 358
no defence to action for necessaries that infant had sufficient allowance to
enable him to pay for necessaries, ib.
or that he had a sufficient supply of necessaries, ib.
infants not liable on account stated even for necessaries, ib.
such account not admissible as an admission that necessaries were
nor for money lent though laid out in purchasing necessaries, ib.
nor on bill for amount of necessaries, ib.
infant liable on bill accepted after majority, though drawn before, ib.
but not for goods delivered to him after majority which were delivered to
carrier before, ib.
liable for a tort though action in form ex contractu, as where he is sued for
money had and received, which he has fraudulently appropriated,
not liable for fraudulent misrepresentation, ib.
nor on a warranty given by him, ib.
no answer to defence of infancy that infant fraudulently represented him-
self of full age, ib.
plaintiff cannot treat breach of contract as tort in order to make infant
statement of defence, setting up infancy, 357
conditional or unconditional may be granted by any Division of the High
for forms claiming. See EASEMENT ; TRESPASS.
provisions of 26 & 27 Vict. c. 41, as to liability of, 358, 359
effect of error in the notice required by the Act, 359
common law liability of, as to receiving guests, ib.
who are innkeepers at common law, ib.
managers in whose name licence taken out are not innkeepers, ib.
lien of, on goods of guest, ib.
formerly had no power to sell under such lien, ib.
but may now do so after six weeks' detention and month's notice, ib.
defences to actions against-
that statute not complied with, 359, 360
how far denial of negligence a defence, 360
statement of claim for value of goods stolen in defendant's inn, 358—360
statement of defence to preceding claim, 360, 361
statement of claim against hotel keeper for injury to plaintiff's goods, 361
statement of defence to preceding claim setting up Innkeeper's Act, and
noncompliance therewith by plaintiff
, 361, 362
INNUENDO. See DEFAMATION.
when a defence, 362
statement of defence alleging defendant's insanity at time of contract and
that plaintiff knew of it, ib.
reply to preceding defence, 262, 263
entitles consignor of goods to stop them in transitu, 594
what is a policy of, 363
two kinds of, ib.
voyage policies and time policies, ib.
insured must have insurable interest in subject matter of insurance, ib.
such interest must exist at time of contract and at time of loss, ib.
marine insurance a contract of indemnity, ib. (aliter, life policy, see post,
consequences of above doctrine, ib.
decisions as to what constitutes insurable interest, 363, 364
when risk begins and when it ends, 364
what perils are usually insured against, ib.
effect of policy “ lost or not lost," ib.
decisions as to what are perils of the sea, 364, 365
loss by perils of sea, when remotely caused by negligence of crew,
surers liable, 364
when ship never heard of after sailing presumed to have foundered,
what constitutes a "stranding,"ib.
loss, either“ total" "partial,” ib.
total loss, either “ actual “constructive,” ib.
definitions of "total” and “constructive" losses, ib.
notice of abandonment, 365, 366
when and how to be given, ib.
how loss calculated on valued policy, 366
how calculated on open policy, ib.
deduction of one-third " new for old," allowed in case of repairs, ib.
implied warranties in voyage policies, 365, 367
no deviation, 366, 367
decisions as to what is sea-worthiness and deviation, ib.
no implied warranty of sea-worthiness on time policies, 367
material misrepresentation avoids, 367, 368
fraudulent misstatement, though immaterial, avoids, 368
concealment of material fact, even without fraud, vitiates policy, 367
but insurer not bound to communicate rumours, opinions, &c., 367
statement of claim for total loss, particular and general average losses, and
expenses under suing and labouring clauses, 363-370
statement of defence to preceding claim alleging unseaworthiness and con-
statement of claim by shipowner on policy for total constructive loss, 370,
statement of claim on policy for damage to vessel insured against, 371, 372
statement of claim on policy for total loss of cargo, 372, 373
statement of defence to preceding claim, alleging " no interest," unsea-
worthiness, deviation, and material misrepresentation, 373, 374
statement of claim on policy for loss of cargo seized on the Danube by the
Russian Government, 374, 375
statement of claim on two policies for partial loss by peril insured against,
and for damages under suing and labouring clause, 375–377
statement of claim on policy by shipper for partial damage and loss, 377,
statement of defence to preceding claim, 378
statement of claim by shipowner on policy for loss of freight through
damage to cargo, under stipulation in charter-party, 378—380
statement of claim by assignee of policy on cargo for particular average loss
and expenses under suing and labouring clause, 380—382