ASSIGNMENT. tor. 2. A policy of insurance is assignable in equity: and every set-off between the insurer and insured, obtains against the assignee, unless, as in the case of bonds, there has been deception on the assignee, on receiving information of the assignment. Gourdon v. Insurance Company of North America. 3. B mortgages land to K, and the same not being recorded in six months, sells the same land to A, and receives a bond in part payment, and then assigns over the bond informally to H. A does not record his deed in six months, and K's mortgage is first recorded, which was the first notice either to A or H of the mortgage. Adjudged, that the mortgage cannot be set up as a defence against the equitable assignee of the bond. Aliter, as to B the obligee. Burke v. Allen. ASSUMPSIT, ACTION ON THE CASE. 1. Indebitatus Assumpsit will not lie on a collateral promise, guaranteeing the payment of goods delivered to a third person, though the goods have been charged by the vendor to such undertaker. Bickham et al. v. Irwin. 2. Indebitatus assumpsit on a quantum meruit, will lie by a free negro, for work, labor and service, against a person who held him in his service, claiming him as a slave. Negro Peter v. Steel. 3. Where one interested in a promissory note drawn by A, payable to the order of B, and purporting to be indorseed by B, sells it bona fide, and without any improper conduct, by delivery, and without indorsement, to C, and receives the money, C may recover back the money, so paid, if it turns out that the indorsement of B is forged, without tendering the note to the seller, previous to bringing the suit. Ritchie v. Summers et al. ATTACHMENT, FOREIGN AND DOMESTIC. 1. An unmarried man, who took lodgings in the city, rented a store, and traded Page 16 327 351 66 250 531 55 2. Where one tract of land is attached under a foreign attachment and so entered, the court cannot, even by rule, substitute a different tract of land. Steinmetz's lessee v Nixon. 285 ATTORNEY AT LAW. 1. Counsel or attorney shall not be permitted to disclose confidential communications of their client, but may give evidence of collateral facts, or that their client, expressed himself satisfied with a new security. Heister v. Davis. AUCTIONEER. 1. The condition of an auctioneer's bond, under the act of 27th March 1790, is a security to the employers, whose property is sold at vendue. Yard v. Lea's executors. B 335 BAIL. 1. Bail in another state, suffering the principal, a military man, to come into this state, cannot take him out of the state, after being tried by a court martial for a misdemeanor, until the sentence be executed. United States v. Bishop. 37 2. Special bail required where a former suit has been brought for the same cause of action, and no bail given. Field et al. v. Colerick. 3. On a capias ad computandum, issued against a defendant, court will moderate the bail according to the circumstances of the case. Keppele v. Zantzinger. 4. One arrested after being discharged under an insolvent act of New York, whose courts do not respect discharges under the Pennsylvania bankrupt or insolvent act, shall not be discharged on common bail. Fisher v. Hyde. 5. No one shall suffer by the mistake of the clerk; therefore bail was relieved, where the principal offered to surrender himself in due time, but was prevented by the scire facias being entered as of a prior term..Hamilton v. Taylor. 6. A dormant partner engaged in a limited concern, aud not in the general partnership of the house, for whose use a note was discounted, and afterwards protested, discharged on common bail, and the testimony of one of the partners, a bankrupt, was received by the court to establish the facts. Bank of Pennsylvania v. Hadfeg et al. BANKRUPTCY. 1. A supposed bankrupt assigns by apt words, in consideration of 5s., his estate to the commissioners, for the use of his creditors, claiming under the commission. The proceedings fail for want of a sufficient petitioning creditor. No interest vests by the assignment. Joy's lessee v. Wager. 2. One claiming lands under the assignees of a bankrupt, need not show the trading and act of bankruptcy, against a title adverse to the bankrupt's. Scott's lessee v. Leather. BARON AND FEME. 1. Baron and feme have issue, and mortgage the lands of the feme without acknowledging the same, the lands of the feme are bound only during the life of the husband. James v. Lyon. 2. Feme living separate from baron, executes a release to him of her right of dower, in consideration of a certain sum being secured to her annually for life; and after his death, for eight years, receives the same, the jury may presume, from these circumstances, a redelivery of the deed by her. Evans v. Evans. BASTARDY. 1. On a conviction of bastardy, the uniform practice has been, to make an allowance for lying-in expenses, and a gross sum for the support of the child from its birth to the time of judgment: and where the person who has borne these expenses is dead, the money may well be awarded to his representatives. Sheffer in error v. Rempublicam. BILL OF EXCHANGE. Page 83 256 389 560 138 184 471 507 39 1. There may be a recovery against the acceptor on a bill of exchange lost or mislaid. And the existence of the bill being once established, the plaintiff may prove the loss of it by his own oath. Meeker et al. v. Jackson. 442 BILLS, BONDS. 1. The condition of an auctioneer's bond, under the act of 27th March 1790, is a security of the employers whose property is sold at vendue. Yard v. Lea's executors. 2. T. M. executed an instrument under seal, declaring, that in consider ation of the care and attention shown him by M. S. during his illness, he was justly indebted to her and declaring that his executors or administrators should pay her in one year after his decease $1000, which was delivered to M. S., held to be an obligation, and not a testamentary disposition. Shields v. Mifflin's executors. BOARD OF PROPERTY. 335 389 1. A decision of the Board of Property may be fully questioned at law. Bell's lessee v. Levers. 2. Minutes of the Board of Property are uniformly read to show what passed before them. Dougherty's lessee v. Piper. (See Assumpsit.) CASE ACTIONS ON. COMMISSIONERS OF COUNTIES. 1. Commissioners, where punishable for neglect of duty. Respublica v. Meylin et al. Page 1 2. A deed from commissioners, for lands sold for non-payment of taxes, under their cominon seal, is no evidence of title. Simon's lessee v. Brown. 186 3. Want of proof, that the names of the commissioners of the county had been returned to the sessions, will not invalidate a sale for non-payment of taxes; but there must be due proof of assessment and advertisement. Blair's lessee v. Caldwell. 4. The valuation by the assessors, under the law of 11th April 1799, is binding on the county commissioners, and they cannot revise or alter it. Respublica v. Deaves. CONSTITUTION. 1. The court in a doubtful case, on a rule to show cause why an information in the nature of a quo warranto should not be filed, will not determine whether an appointment to office by the governor be constitutional or not. Respublica v. Dallas. 284 465 300 2. The offices of city recorder, or justices of the peace, are not constitutionally incompatible, with offices of trust or profit under the United States. ib. CONTEMPT. 1. The publication of a paper to prejudice the public mind in a cause depending, is a contempt, if it manifestly refers to the cause, though it does not expressly appears on the face of the writing. Bayard et al. v. Passmore. . 2. But however libellous the paper may be, the court can have no cognizance of it in a summary way; unless it be a contempt. CONTINGENT REMAINDER AND EXECUTORY DEVISE. 438 ib. 1. Devise of a plantation to H. and her male heir forever, that is to say, her son T., in case he shall live to come to age and enjoy it; but if T. dies before then, then to I, in fee, subject to certain legacies. T. arrives at full age, but died before his mother without issue; adjudged that E. took an estate for life, and having survived her son, the remainder over to I. was good by way of executory devise. Harris's lessee v. Potts et al. 141 2. A father devises to his son F., his heirs and assigns, certain lands, subject to the payment of 23007, in instalments, to his son P., and to his son F.. his heirs and assigns, other lands; but in case F. or P. shall die under 21, or without issue, then and in that case he gives the share of the son so dying unto his other son in fee; and in either case the survivor of his sons shall then pay to his daughter E. 500/. out of the last payments of the instalment. Testator by his codicil, orders that F. shall not sell his lands devised to him till the age of 30 years, and then he may do with them as he pleases. F. attains 21, but dies before 30, without issue, intestate; the devise over to P. is good as an executory devise. (But reversed on error.) Hauer's lessee v. Shitz. CONTRACT. (See Agreement.) CONVICTION. . 205 1. Mayor's conviction under a city ordinance for huckstering, must charge the defendant as a huckster, with selling, or offering for sale, at second hand, within the market. It must appear that the offence was committed within the city, and that the defendant was convicted of the offence. Mayor of Philadelphia v. Nell. CORPORATION BY-LAW. 475 1. In proceedings on a by-law, it must appear, that the special authority of the corporation was strictly pursued. Commissioners of Southwark v. Neil. 54 CORPORATION &c.] ( 599 ) [DAMAGES. Page 2. Mayor's conviction under a city ordinance for huckstering, must charge 475 3. The city ordinance of 29th March 1799, respecting the procuring of a supply of water, is valid. Stiles v. Jones et al. Quære, whether, if the warrant be not issued in the name of the com- ib. 491 COSTS. 1. No damages or costs in dower, where the husband does not die seized. . 38 2. Where it is objected that witnesses have been summoned unnecessarily to swell a bill of costs, court will interefere only in cases of manifest oppression. De Benneville v. De Benneville. 558 3. Where a defendant removes a cause, he is not liable to costs, if the plain- 559 4. Action of assumpsit removed into the Circuit Court by the defendant, 583 COURT, SUPREME COURT. 1. The certificate of counsel, on an appeal from the Circuit Court, resting on facts, not apparent on the record to the Supreme Court, must be made during the sitting of the Circuit Court. Cay's ex'rs v. Gibson. 2. The court have a control over their rules; and where a view has been had, though founded on the certificate of counsel, where it is improper and unnecessary, it will be discharged with costs. Nesbitt's lessee v. Kerr. 3. On an appeal from the Circuit Court, to the Supreme Court, counsel must subscribe a certificate, and file the proceedings of the Circuit Court with the prothonotary, before the first day of the next term. Gallagher v. Hamilton's administrators. 4. Court, in examining the proceedings of justices of the peace, will call in the aid of affidavits, to see whether they have exceeded their jurisdiction. Burginhofen v. Martin. 5. The Supreme Court have the power of reviewing the proceedings of justices, in cases where no appeal is given to the party: their jurisdiction is only abridged by the express negative words of a statute. COVENANT, ACTION OF. 1. In covenant, on the plea of covenants performed, the defendant must begin the evidence, and conclude to the jury. Morris et al. v. Insurance Company of North America. CREDITOR AND DEBTOR. 1. A creditor neglecting to sue his principal debtor, on the application of a surety, does not thereby discharge the surety. Dehuff v. Turbett's ex ecutors. CUSTOM, USAGE. 1. The usage of plaisterers, in charging half the size of the windows, at the price agreed on for work and materials, is unreasonable and bad. Jordan et al. v. Meredith. 122 194 321 479 ib. 84 157 818 D DAMAGES. 1. No damages of costs in dower, where the husband does not die seized. Sharp v. Pettit. DECEIT. 1. If one sells an unsound horse, knowingly, and conceals that circumstance, and receives a sound price, he is answerable for the deceit; aliter, if he was ignorant that the horse was unsound: but if one sells with warranty, he is answerable, whether he knew the horse to be unsound or not. Kimmel v. Lichty. DECLARATION. 1. Filing of a declaration in causes submitted to reference, is not indispensably necessary. Barde's administrators v. Wilson. DEEDS. 1. A deed recorded without a proper probate, is no evidence of notice to subsequent purchasers. Simons' lessee v. Brown. 2. A deed by husband and wife, joint-tenants, executed in Maryland, and acknowledged before two justices of the peace, and of the Common Pleas at Baltimore, with a certificate under the county seal, that there were at that time no superior magistrates or peace officers in the county, allowed to be read in evidence. M'Intire's lessee v. Ward. 3. Re-delivery of a deed, by a feme covert, after her husband's death, presumed from circumstances. Evans v. Evans. DEFALCATION, SET-OFF. 1. D. procures a policy of insurance to be made on a vessel for himself and others, concerned in the same, and on a loss his executors recover judg ment against the underwriter B., who had before obtained judgment against D.-B is entitled to a set-off, though it should appear that O. owned half the vessel. Darrah's executors v. Bayard. 2. Bond by A. and B. to C. assigned to D. a joint bill by E. and C. assigned after the death of E. to A. before the assignment to D., is a good set-off against the bond sued by D. Robinson v. Beall et al. 3. A policy of insurance is assignable in equity, and every set-off between the insurer and insured obtains against the assignee, unless, as in the cases of bonds, there has been deception on the assignee, on receiving information of the assignment. Gourdon v. Insurance Company of North America. DESCENT, HEIR. 1. Settlement rights are subject to the same rules of descent as other lands. Workman's lessee v. Gillispie. DEVISE. 1. Devise to M., her heirs and assigns, and M. dies in testatrix's life-time, leaving an infant son, the devise is lapsed and void, though testatrix was assured that the son would take, by one interested in the estate. (Parol evidence of the intentions of testatrix in such case not admissible.) Sword's lessee v. Adams. 2. Devise by husband of one-third of his personal estate to his wife, and the use of one-third of his lands while she remained his widow, and also one cow over and above her thirds, and all the rest of his estate to his children, will bar the widow of her dower, on her acceptance of the devise. Creacraft v. Dille. Page 262 149 186 424 507 152 267 327 571 34 79 3. Devise of a plantation to E. and her male heir, forever, that is to say, her son T., in case he shall live to come to age and enjoy it; but if T. dies before then, then to I. in fee, subject to certain legacies. T. arrived at full age, but died before his mother without issue; adjudged that E. took an estate for life, and having survived her son, the remainder over to I. was good by way of executory devise. Harris's lessee v. Potts et al. 141 4. Devise of lands to three sons in fee, but if either of them die without children, then the same to be divided equally among the other children, or to be sold and the money divided among them, and executors appointed in trust for the purposes and intents in the will, and overseers appointed to see it well performed; on the death of one of the sons without children, the surviving executors may sell the lands devised to him. Jenkins's lessee v. Stouffer et al. 163 5. A devise may operate in different ways, according to subsequent events. (See Contingent Remainder, &c. & 2.) Hauer's lessee v. Shitz. 205 |