LELAHE STANFORD, JR., UNIVERSITY LAW APARTMENT. 58.118 LONDON: BRADBURY, AGNEW, & Co., PRINTERS, WHITEFRIARS. A Digest OF ALL THE CASES REPORTED FROM 1884 TO 1888 ABATEMENT. ACCORD AND SATIS- Divorce-Death of Petitioner before Decree Absolute.-A husband who had obtained a decree nisi for dissolution of his marriage died Contract by Creditor to take less than St before the time for making it absolute had due.]-An agreement between judgment debt arrived:-Held, that the legal personal repreand creditor that, in consideration of the debt sentative of the husband could not revive the paying down part of the judgment debt a suit for the purpose of applying to make the costs, and on condition of his paying to t decree absolute. Stanhope v. Stanhope, 11 P. D. creditor or his nominee the residue by inst 103; 55 L. J., P. 36; 54 L. T. 906; 34 W. R.ments, the creditor will not take any proced 446; 50 J. P. 276—C. A. ings on the judgment, is nudum pactum, bei without consideration, and does not prevent t Death of Parties in Actions.]—See PRACTICE creditor, after payment of the whole debt a (PARTIES). ABDUCTION. See CRIMINAL LAW.. ABSTRACT OF TITLE. ACCIDENT. See NEGLIGENCE, costs, from proceeding to enforce payment the interest upon the judgment. Pinel's co (5 Rep. 117 a), and Cumber v. Wane (1 S 426) followed. Foakes v. Beer, 9 App. Cas. 60 54 L. J., Q. B. 130; 51 L. T. 833; 33 W. R. 2 -H. L. (E.). Cheque sent to Balance Account "-Cheq retained "on account" and cashed.]—A. sent a "cheque to balance account, as per inclos statement." The inclosed statement debited with a sum claimed on account of defects work done. B. replied acknowledging the 1 ceipt of the cheque "on account," and short afterwards sent A. a statement of accour omitting the sum claimed by A. for defecti work, and debiting A. with a small sum for di count not allowed in his account, and in t accompanying memorandum said: "We wou thank you for a remittance of the balance, or v shall be obliged to take proceedings to recov same." A. replied, sending a cheque for t discount claimed. B. kept and cashed t cheques. In an action for the balance B. w nonsuited on the ground that, having taken ar cashed the first cheque, he was bound to app it according to A.'s intention :-Held, that th nonsuit was wrong. Ackroyd v. Smithies, L. T. 130; 50 J. P. 358—D, B |