Gordon v. Secretan. 8 East. 548.

Held, necessary to produce the subscribing witness, although the deed is produced by the opposite party, and although purporting to be executed by him.

Denied by leathe, J. in 2 Campbell, 94, who, declared he thought the old rule better; that an instrument coming from the opposite side was, prima facie, to be taken as duly executed, and the court in Betts v. Badger, 12 Johns. 226, approve this doctrine where the party producing the instrument is one of the parties to it.

Govett v. Radnidge. 3 East. 70; 1 Chit, Fl. 1.

A plaintiff frequently may proceed even for a breach of an express contract, either in assumpsit or case; and in the latter case many of the rules as to the parties to action do not apply.

Overruled, in Weall v. King, 12 East. 452; 2 New R. 365, 454. Vide 3 Conn. 198, as where the action is founded on contract, though in form ex delicto, all must be joined as defendants s; 6 Moore, 141.

Gow on Part, 16 Ves. 56; 1 Swanst. 495.

When a definite period has been agreed upon in the articles for the continuance of a co-partnership, it cannot be dissolved before that time, without the mutual consent of the parties.

Denied in 19 Johns. 538 by Platt, J. who said, that all partnerships were in their nature, revocable. The case of Marquand v. the N. Y. Manu. Co. 17 Johns. 525, would seem to go the full length of the doctrine of the civil law, that any agreement withholding such an exercise of a partners discretion is of no validity unless it be to subject him to damages for a breach of covenant.Vinn. in inst..3. 26. pl. 1 .Such a power is also to be implied from the partners right of reto upon a contract as laid down in the denial of Ruth v. Quin; post.

Gracie v. Wilbur, 16 Johns. Rep. 453, 455.

A person not liable to do military duty, and who is under the age of 18 years, if he enters the service, and deserts, he may not be arrested as a deserter.

Reversed in S. C. 12 Johns. 69.

Green v. Edwards, Cro. Eliz. 217.

Lease for years, if lessee so long live, remainder to another for the residue of the term, held void as to the remainder.

Overruled in Wright v. Cartw-ight, 1 Bur. 282.

Greeves v. Rolls. 3 Salk. 456.

Better reported in 12 Mod. 651, and 1 Ld. Raym. 716; 1 Burr. 262.

Greeves v. Weighman. 2 Roll. Abr. 919; D. 2.

Where there are two wills, and the executor of the first prove

it, and receive a debt; the exccutor of the second will, having

proved it, may recover the same of the debtor, whose remedy is against the first executor.

Denied by Buller, J. in Allen v. Dundras, 3 D. & E. 125.

Greenleaf v. Kellogg. 2 Mass. 568.

Compound interest allowed where interest in a note was payable annually.

Overruled in Hastings v. Wiswell, 8 Mass. 455; 7 Greenl. 50.

Gregory v. Christie. B. R. T. 24, G. 3; Park. 67.

Permission in a policy "to touch and stay," as construed by Ld. Mansfield.

Denied by Mansficid, C. J. Urquhart v. Barnard, 1 Taunt. 456. Gregson v. Hutton. 1 East. 49; 6 Ves. Jr. 604.

That one partner cannot pledge the partnership funds, nor make a valid partnership engagement for his private debt.

Denied where the person dealing has no knowledge of the fact; 4 Johns. R. 277.

Griffiths v. Eyles. 1 B. & P. 413.

In an action for an escape, the averment in the plea of a voluntary return, or recaption, that the prisoner continued in custody intermediate the return or recaption, and the suit is material and must be proved under an issue upon the plea.

Overruled in 6 Cowen, 732.

Griffiths v. Williams. 1 D. & E. 710.

Where money is paid into court, and the plaintiff proceeds to trial, he is entitled to costs up to the time the money is paid in, although he recovers no more than the sum brought in.

Denied by Buller, J. 4 Term, 10.

Grinnells v. Philips. 1 Mass. 541.

A juror was admitted to testify respecting the conduct of the jury in finding a verdict.

Denied in Bridge v. Eggleston, 14 Mass. 243; and held that jurors could not be received to testify as to the motives and inducements, upon which they have joined in a verdict; 1 Haw. R. 346; sed see 7 S. & R. 458.

Grove v. Graves, 1 Wash. Va. Rep. 1.

An agreement for the purchase of stock or other securities, to be transferred at a future day; held, that the measure of damages, in such case, was the value at the time when they should be transferred with interest.

Denied in Reynolds v. Walker, 1 Wash. 164. 165; Shepherd v. Johnson, 2 East.; 1 Stark. 318; 2 Taunt. 237; 2H. & M. 164; 4 Mumf. 303; where the rule is held to be the price when it should have been delivered, or at the day of trial, at the option of the plaintiff.

Grove v. Leo, 1 Term Rep. 112; 1 Cowen, 645.

The construction which the law puts upon a del credere commission is to make him answerable as the proper debtor.

Questioned in Gall v. Comber, 7 Taunt. 558. 478; 3 Mason,

336.

Growsock v. Smith. 3 Anstr. 377.

Overruled, Martin v. Smith, 2 Smith's R. 543.

Guth v. Guth. 3 Bro. Ch. C. 614.

Held, that a feme covert may sue her husband on a contract for separate maintenance, where there was no trustee.

Denied, 3 Ves. 352; 11 Ves. 526.

Gwinne v. Poole, 2 Lutw. 935.

Trespass for an assault, &c. and justification under process of an inferior court, held that defendant need not set forth that the cause of action arose within the jurisdiction.

Denied in Willes, 34, Moravin v. Sloper.

Hall v. Lawrence, 4 D. & E. 589.

The award of an umpire not to be set aside because he received the evidence from the arbitrators, and not from the witnesses, unless he refused to examine them when requested.

Denied in Falconer v. Montgomery, 4 Dall. 432; 2 ib. 271.

Hall v. Shultz, 4 Johns. 240.

Where a farm worth 8000 dollars, was about to be sold on execution, the plaintiff procured the defendant to purchase it for him, under a parol agreement to reconvey, upon payment of the purchase money, and interest and compensation for his trouble. But the defendant refused to reconvey without the further sum of 300 dollars. Held, that this agreement was within the statute of frauds.

Limited in Chase v. Dwinel, 7 Greenl. 139, and held not to

apply to a case where money is paid under such duress or necessity as may give it the character of a payment by compulsion, such as money paid to liberate a raft of lumber, detained in order to exact an illegal toll; for in such case the money may be recovered back.

Hamilton v. Russell, 1 Cranch. 310; 1 Cond. Rep. 318.

The deed purposed to convey the property to the vendee for his own immediate use and, the subsequent continued possession of the vendor was incompatible with the instrument.

Explained in Brooke v. Marbury, 11 Wheat. R. 78. the C. J. observes, that case is not supposed to decide the present, which is a deed of trust, not for the benefit of the person to whom it is made but of certain cnumerated creditors; 8 Wend. 388. Cont.

Harman v. Tappenden, 1 East. 55.

Lawrence, J. says, "There is no instance of an action on the case, against officers of a corporation for an error in judgment. Doubted; S. P. as in Bridge v. Lincoln, ante.

Harman v. Van Hatton, 2 Vern. 717.

Wager policy held legal; Cont. 2 Mass. 1.

Harris v. Evans, 1 Wills. 262.

Ambler, who was counsel in the cause, says the report is not correct; Amb. 329.

Harris v. Lindsay, 4 Wash. C. C. 174.

That a note, or bill of exchange given for a pre-existing simple contract debt, does not extinguish it, and per se, affords no ground to presuine an agreement between the parties, that it was given and received in satisfaction of such debt.

Decided otherwise in 5 Mass. 299; 6 ib. 343; 7 ib. 288; 10 ib. 47.

Hart v. King, 12 Mod. 310.

Doubted; 6 Ves. jr. 812.

Hartley v. Atkinson, 2 Barnes, 255.

A nonsuit, when regularly entered, cannot be set aside.

Overruled; Sadler v. Evans, 4 Burr. 255.

Hartshorn v. Johnson, 2 Hals. 108.

Reversed; May T. 1829.

Harrison v. Sterry, 5 Cranch. 298. 332.

That in the case of a contract made with foreigners in a for

eign country, the bankrupt laws of a foreign country do not operate a transfer of the property in the U. S., and judgment was given in favour of the attaching creditors against the claim of the foreign assignees.

The court also restrict the laws of the foreign country to the concoction and exposition of the foreign contract.

Confirming in Ogden v. Saunders, 12 Wheat. 213. That in the U. S. a creditor of the foreign bankrupt may attach the debt due the foreign bankrupt, and apply the money to the satisfaction of his own, to the predjudice of the rights of the assignees or other creditors. The assignees, or rights created under the bankrupt's own deed, stand on a different ground.

The Court holding, Johnson, J., 1st. That the power given to the U. S. to pass bankrupt laws is not exclusive.

2d. That the fair and ordinary exercise of that power by the States, does not necessarily involve a violation of the obligation of contract, multo fortiori of posterior contracts.

3d. But when, in the exercise of that power, the States pass beyond their own limits, and the rights of their own citizens, and act upon the rights of the citizens of other states, there arises a conflict of sovereign power, and a collision with the judicial powers granted to the U. S., which renders the exercise of such a power incompatible with the rights of other states, and with the constitution of the U. S. This opinion is further confirmed by all the courts in Boyle v. Zacharis, 6 Peters, 348.

The British doctrine is unequivocally repelled here, and in 1 Const. R. 253; 6 Mass. R. 509. Vide2 H. Bl. R, 402.

Havens v. Bush, 2 Johns. 387. Sears v. Fowler, 2 ib. 272.

Sears covenanted to build a house for F., and to finish it by the first of Nov.; in consideration of a certain sum, part payable 1 st. May, and residue when the work was done; held, that the covenants were independent, and performance need not be averred.

Overruled in Cunningham v. Morrell, 10 Johns. 203, where A. agreed to complete a piece of road on, or before a certain day; and B. covenanted to pay him $- for the whole, payable by instalments, held, that the plaintiff must aver and prove a performance, for without performance no action could be maintained. Hawes v Smith, 1 Vent. 268; 2 Lev. 122.

Overruled; 1 II. Bl. 104.

Hayes v. Warren, 2 Stra. 9.

That assumpsit will not lie on a past cons1eration, unless at request; Cont. 3 Burr. 1171, Hayman v. Gerrard; 1 Saund. 102. Overruled in Meredith v. Allen, Carth. 116.