LORD TENTERDEN C. J. I think the declaration is properly laid in assumpsit on the representation, which was equivalent to a promise that the horse was sound to the best of the defendant's knowledge. Verdict for the plaintiff.
Scarlett A. G. and Curwood for plaintiff. Gurney and Thesiger for defendant.
In the following Term, Gurney moved to set aside the verdict on the ground taken at the trial, but the Court refused the rule.
1. On a plea in abatement of the nonjoinder of A. B. as a defend- ant, his declarations made before action brought are evidence in support of the plea. Clay v. Lang- slow, Page 45 2. The nonjoinder of a secret part- ner cannot be pleaded in abate- ment. Mullett v. Hook, 3. On a plea in abatement to an action on bills of exchange, of the nonjoinder of a joint contractor, the defendant is entitled to begin. Fowler v. Coster, 241 4. On a plea in abatement of the nonjoinder of other joint con- tractors, one of the parties named in the plea is not a competent wit- ness for the defendant. Hare v. Munn, 241 n.
ACCEPTANCE FOR HONOUR. See BILLS OF EXCHANGE, 18. 19. 20.
On an indictment against principal and accessaries, the case against the principal was proved by the
testimony of an accomplice, who was confirmed as to the accessa- ries, but not as to the principal: the jury were directed to acquit the prisoners. Rex v. Wells, Page 326
ACCOUNT STATED.
An acknowledgment of a debt, with- out specifying any amount, is not sufficient to entitle the creditor to nominal damages on a count upon an account stated. Bernasconi v. Anderson, 183
ACTION ON THE CASE. A reversioner may maintain an action for a nuisance, which pro- duces no present injury to his re- version beyond that to the right, and may be removed before the reversion comes into possession. Shadwell v. Hutchinson, 350 2. A., the owner of two adjoining houses grants a lease of one of them to B. He afterwards leases the other to C., there then existing in it certain windows. After this B. accepts a new lease of his tene- ment from A.: Held, that B. can. not alter his tenement so as to
the other to C., there then exist- ing in it certain windows. After this B. accepts a new lease of his house from A.: Held that B. can- not alter his tenement so as to obstruct windows existing in C.'s house at the time of C.'s lease from A., though the windows are not twenty years old at the time of the alteration. Coutts v. Gorham,
Page 396 2. In an action of trespass for re- moving boards, on a plea of justifi- 1. cation that they obstructed an ancient window, it is sufficient to show that the window was one to which the light ought to be allowed to pass, though the window is proved to have been erected within living memory. Penwarden v. Ching,
In an action by an apothecary, to prove practising as such previous to August, 1815, the plaintiff ought to show instances of compounding and making up prescriptions; mere- ly attending local complaints is not enough. Thompson v. Lewis, 255
APPRAISEMENT.
The appraiser of a distress must be sworn before the constable of the parish where it is taken: the constable of the adjoining parish cannot interfere, though the proper constable is not to be found when wanted. Avenell v. Croker, 172
See MALICIOUS ARREST. An officer employed to arrest a man, goes with his warrant to his house, and tells him that he has a writ against him. He does not actually take him into custody, or touch him, but takes his word that
2. If an attorney have demands in his professional capacity, some taxable, and others not so, he cannot recover for the untaxable items without delivering a signed bill for them, or including them in the signed bill delivered for the taxable business. Thwaites v. Mackerson, Page 199
See also Heming v. Wilton, 529 3. A communication made to an attorney or counsel is not privi- leged unless made with a view to a judicial proceeding either com- menced or apprehended. Broad v. Pitt, 233 4. Where notice to produce a letter has been served, the attorney for the opposite party may be asked, whether he has that letter, in order to let in secondary evidence of it, if not produced. Bevan v. Waters,
235 5. An attorney's clerk is not privi- leged from answering whether he has received a particular paper from the client. Eicke v. Nokes,
6. It is not sufficient evidence of delivery of a signed bill at the defendant's abode, that a signed. bill is delivered at a particular place not shown to be his abode, and that he afterwards gives this to his present attorney, who attends the taxation of costs. Ibid. 7. The defendant's having signed an admission of the debt to enable the attorney to prove it under a commission of bankrupt then sub- sisting against him, is no admis- sion of the delivery of a signed bill, and does not dispense with the necessity of such proof in an ac- tion subsequently brought against him for the same claim. Ibid. 8. An attorney may prove his bill under a commission of bankrupt, without delivering a signed bill. Ibid.
9. An attorney employed to sue out a commission of bankrupt by a person who is not the petitioning creditor, may recover his charges against his employer, in cases where no effects are ever received under the commission. Pocock v. Russen, Page 357 10. Quære, whether an attorney may lawfully guarantee the petitioning creditor against the expenses of working the commission of bank- ruptcy, on condition of being em- ployed as attorney in it. Gillett v. Rippon,
406 11. The attorney conducting a cause in court may be called as a witness by the opposite side, and asked who employs him, in order to show the real parties, and so let in his declarations. Levy v. Pope,
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