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LELAND 70, J.I., UNIVERSITY

LAN AE PARTINENT.

58.118

LONDON : BRADBURY, AGNEW, & co., PRINTERS, WHITEFRIARS.

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Ch. D.,

H. L., House of Lords.
P. C., Priry Council.
L.JJ. and L.J., Lords Justices, Lord Justice.
L. C., Lord Chancellor.
JJ. and J., Justices, Justice.
M.R., Master of the Rolls.
Chancery

Division.
Q. B. D., Queen's Bench Division.
C. P. D., Common Pleas Division.
Ex. D., Exchequer Division.
D., Divisional Court.
P. D., Probate, Divorce and Admiralty Division.
Mat., Matrimonial.
Prob. or P., Probate.
Ch., Chancery.
V.-C. B., Vice-Chancellor Bacon.

C.J.B., Chief Judge in Bankuptcy.
Q. B., Queen's Bench.
Bk., Bankruptoy.
C. C. R., Crown Cases Reserved.
C. A., Court of Appeal.
App. Cas., Appeal Cases (Law Reports).
M. C., Magistrates' Cases.
S, C., Same Case.
S. P., Same Point or Principle.
E., England.
Sc., Scotland.
Ir., Ireland.
W. N., Weekly Notes (Law Reports).
L. R., Law Reports.
S. J., Solicitor's Journal.
L. T. Journ., Law Times' Journal.

A Digest

OF ALL THE

CASES REPORTED

FROM 1884 TO 1888 INCLUSIVE.

ABATEMENT.

ACCORD AND SATISDivorce-Death of Petitioner before Decree

FACTION. Absolute. ]-A husband who had obtained a decree nisi for dissolution of his marriage died

Contract by Creditor to take less than Sum before the time for making it absolute had due.]-An agreement between judgment debtor arrived :-Held, that the legal personal repre

and creditor that, in consideration of the debtor sentative of the husband could not revive the paying down part of the judgment debt and suit for the purpose of applying to make the costs, and on condition of his paying to the decree absolute. Stanhope v. Stanhope, 11 P. D. creditor or his nominee the residue by instal. 103 ; 55 L. J., P. 36 ; 54 L. T. 906 ; 34 W. R. ments, the creditor will not take any proceed446; 50 J. P. 276–C, A,

ings on the judgment, is nudum pactum, being

without consideration, and does not prevent the Death of Parties in Actions.]~See PRACTICE creditor, after payment of the whole debt and (PARTIES).

costs, from proceeding to enforce payment of
the interest upon the judgment. Pinel's case
(5 Rep. 117 a), and Cumber v. Wane (1 Str.
426) followed. Foakes v. Beer, 9 App. Cas. 605 ;
54 L. J., Q. B, 130; 51 L. T. 833 ; 33 W. R233

-H. L. (E.).
ABDUCTION.

Cheque sent “ to Balance Account"-Cheque

retained“ on account” and cashed.]-A. sent B. See CRIMINAL LAW..

a “cheque to balance account, as per inclosed statement." The inclosed statement debited B. with a sum claimed on account of defects in work done. B. replied acknowledging the receipt of the cheque “on account," and shortly afterwards sent A. a statement of account,

omitting the sum claimed by A. for defective ABSTRACT OF TITLE. work, and debiting A. with a small sum for dis

count not allowed in his account, and in the See VENDOR AND PURCHASER.

accompanying memorandum said: “We would thank you for a remittance of the balance, or we shall be obliged to take proceedings to recover same.” A. replied, sending a cheque for the discount claimed. B. kept and cashed the cheques. In an action for the balance B, was nonsuited on the ground that, having taken and

cashed the first cheque, he was bound to apply ACCIDENT.

it according to A.'s intention :-Held, that the

nonsuit was wrong. Ackroyd v. Smithies, 54 See NEGLIGENCE. L. T. 130 ; 50 J. P. 358-D,

B

Cheque by Third Party for a smaller SumPayment of Costs without Interest by Mistake.]

ACTION. -An action having been dismissed with costs, the defendant's solicitor got the costs taxed, and I. PARTIES. took the taxing-master's certificate to the plaintiff's solicitor, who gave him a cheque for the II. CAUSES OF ACTION. amount of the costs, and received the certificate with a receipt indorsed. After the cheque had III. NOTICE OF ACTION. been paid, the defendant's solicitor discovered that the defendant was entitled to interest on

IV. CHOSES IN ACTION. the amount of taxed costs, and applied to the plaintiff to pay it. The plaintiff having refused V. WHEN ACTION ABATES BY DEATH OF to pay the interest, the defendant moved for an PARTIES.--See PRACTICE (PARTIES). order directing the plaintiff to attend before the proper officer and produce the certificate in VI. WHETHER ARBITRATION A CONDITION order that a writ of execution might be issued

PRECEDENT.-See ARBITRATION. for the interest :-Held, that the defendant acting by his solicitor must be taken to have

I. PARTIES. accepted the cheque of the plaintiff's solicitor in full accord and satisfaction of the whole debt

By some Members of Committee (on behalf of due from the plaintiff, and the motion was all) against former Member.]-An action by accordingly refused. Foakes v. Beer (9 App. certain members of a church building comCas. 605) distinguished. Bidder v. Bridges, mittee, on behalf of themselves and all others 37 Ch. D. 406 ; 57 L. J., Ch. 300 ; 58 L. T. 656 the subscribers” to the building fund, against a -C. A.

former member of the committee for an account,

cannot be maintained. Strickland v. Weldon, Forgiveness of Amount of Promissory Note.] 28 Ch. D. 426 ; 54 L. J., Ch. 452 ; 52 L. T. 247;

Where a promissory note was payable a month 33 W. R. 545—Pearson, J. after demand, forgiveness of the amount of the note is no defence unless the forgiveness be On Contract-Third Party.]-To entitle a before the note has become payable. Smith v. third person, not named as a party to the conGordon, 1 C. & E. 105—Day, J.

tract, to sue either of the contracting parties,
that third person must possess an actual benefi-
cial right which places him in the position of
cestui que trust under the contract. Gandy v.
Gandy, 30 Ch. D. 57 ; 54 L. J., Ch. 1154 ; 53

L. T. 306; 33 W. R. 803—C. A.
ACCOUNTS.

Felony-Effect of, on acquiring Property. ] -
See PRACTICE.

A testatrix, by her will, dated in July, 1869,

devised and bequeathed all her real and personal Accounts stated.]-Sce MONEY COUNTS.

estate to T. K. in trust for her sister M. C. for life, and after her decease upon trust to pay to or permit H. C. D. to receive the interest for his life, but if he should become bankrupt or publicly insolvent, or should compound with his creditors, or should assign or incumber his

interest under the trust, or any part thereof, or ACKNOWLEDGMENT. should otherwise by his own act, or by operation

of law, be deprived of the absolute personal I. OF DEBTS AND DEMANDS TO BAR STA- enjoyment of the same interest, or any part

TUTE OF LIMITATIONS.-Sec LIMI. thereof, then, and in either of such cases, the
TATION (STATUTES OF).

trust in favour of H. C. D. should be void, and

T. K. should thenceforth apply the interest for II. TO BAR WIFE'S INTEREST IN PROPERTY. the maintenance, education, and support of the -See HUSBAND AND WIFE.

children of H, C. D. The testatrix died in 1871, and M. C. died in 1881. In July, 1878, H, C. D. was convicted of felony, and sentenced to ten years' penal servitude. Before the expiration of his sentence he obtained a ticket-of-leave, and commenced this action for the administration of

the estate of the testatrix, and claimed the ACQUIESCENCE.

arrears of interest :-Held, that, under s. 30 of

the Act 33 & 34 Vict. c. 23, he could commence See WAIVER,

the action. Held, also, that he had not been deprived of the actual enjoyment of the life interest by any operation of law; and that he was entitled to all arrears of interest. Dash, In

re, Darley v. King, 57 L. T. 219–Chitty, J. ACT OF PARLIAMENT.

Statutory Rights—Provision for special benefit of Individual.]—Where 'an act of parliament

contains a provision for the special protection or See STATUTE,

benefit of an individual, he may enforce his

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