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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