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be set aside on the ground of insanity; and though such will — in total exclusion of distant next of kin (with whom she had quarreled) - be in the hand-writing of, and executed at the office of, her attorney (one of the executors and residuary legatees to a great amount, he and his family also having very large legacies,) and the attesting witnesses speak to a bare exccution, documents in her own hand-writing, showing both capacity and knowledge of contents, though not mentioning the residue, will supply the additional proofs required by such circumstance.

S. C. (Delusion.) Semble, that insanity has never been held to be es

tablished without any delusion having ever prevailed. S. C. (Insanity.) Where clear and decisive insanity has been estab

lished at a prior time, acts of a doubtful character are of more force in proof of its existence at the time in question; and even subsequent decidedly insane acts may reflect back on acts otherwise equivocal, but when no decided acts, prior or subsequent, are proved, equivocal acts, however numerous, will not establish insanity. . C.


Principal cases in 1 and 2 PENNSYLVANIA REPORTS.

ACCOUNT RENDER. (Judgment quod computat.) The judgment of quod computat, in

an action of account render is interlocutory, upon which a writ

of error will not lie. Beiller v. Zeigler, 1 Penn. 135. ACTION. 1. (For conspiracy.) A being indebted to B, held certain choses

in action, which he assigned to C without consideration, and took the benefit of the insolvent law. Held, that if this arrangement was made between A and C for the purpose of preventing B from recovering his debt, that they are both liable in an action for a conspiracy at the suit of B. Penrod v. Mitchel,

2 Penn. 126. 2. (Survivor.) Such action will not abate upon the death of the

plaintiff, but will survive to his personal representative. lb. 3. (Slander.) An action of slander will not lie in Pennsylvania

for words spoken in another state, when the offence charged by those words, is not indictable in that state, although it

indictable here. Barclay v. Thompson, 2 Penn 148. 4. (Joinder.) If two or more join in a prosecution without reason

able or probable cause, one and all are answerable in damages.

It is joint and several. Colton v. Huidekoper, 2 Penn. 149. See Evidence, 26. ACTION ON THE CASE. 1. (For not delivering goods.) An action on the case, is the

most appropriate remedy for the recovery of the value of specific articles nol tendered or delivered on the day stipulated. Roberts

v. Beatty, 2 Penn. 63. 2. (Neglect.) An action to recover damages for negligence in

the execution of work, employment, trust or duty, under a contract, is not cognizable before a Justice of the Peace. The

may be

proper action is a special action on the case. It is substantially for a tort, although a tort deducible from the existence of a

contract. Zell v. Arnold, 2 Penn. 292. AGENT AND FACTOR. 1. (Authority.) An agent thus proved his own authority :'I never executed

any other deed of defeasance than the one in question. I frequently wrote letters, signed receipts, and other papers of consequence for him, (the principal) by which he at all times considered himself bound. I kept all his books of accounts for upwards of thirty years; never had a written power of attorney.' Held, that deed of defeasance, executed by such an attorney, in the name of his principal, is not evidence to convert an absolute deed to the principal into a mortgage. Gratz v. Phillips,

1 Penn. 333. 2. (Cannot purchase.) An agent appointed to collect money,

shall not buy a note of his principal at a discount, and retain the whole amount of it out of the money collected; but shall only retain the amount which he gave for the note.

An agent must deal fairly with his principal. Grant v. Seitsenger, 2

Penn. 525. 3. (Agent of agent.) If he who puts a note into the hands of an

agent for collection is but an agent himself, he who collects the money cannot retain at all, if he is aware of the circumstances; he who is ultimately entitled to the money may revoke the power of him who was appointed to receive the money at any time, although the evidence of the debt, to be collected, was a

note to his agent. Ib. AGREEMENT. See CONTRACT. ASSUMPSIT. See Evidence, 26. ASSIGNEE. ( Of bonds.) An assignee of bonds, which are secured by a mort

gage, is entitled to all the security which the mortgage affords, although he did not know of its existence when he took an as

signment of the bonds. Betz v. Habuer, 1 Penn. 280. ASSIGNMENT. (Passes incidents.) An assignment of a particular claim passes

all remedies and liabilities which the assignor had to secure and recover it to the assignee, although they are not specifically named, or set forth in the assignment. Mehaffy v. Share, 2

Penn. 361.

ATTACHMENT, FOREIGN. 1. (Debt of debtor to insolvent.) A debt due to one, who is an

applicant for the insolvent laws of Maryland, and for whom a provisional trustee has been there appointed, is not subject to a foreign attachment in Pennsylvania, it being in gremio legis.

Mulliken v. Aughinbaugh, 1 Penn. 117. 2. Quære Whether a foreign attachment abates by the death of

the defendant, after interlocutory and before final judgment.

16. ATTORNEY. (Action for fees.) An attorney at law can recover on a quantum

meruit for his professional services. Gray v. Brackenridge, 2

Penn. 75. AWARD, ARBITRAMENT, &c. 1. (As to part only.) Where the issue joined was on the plea of

a submission and an award, and the submission was general of and concerning the differences depending between the parties; an award setting forth that the arbitrators had examined their several books of account, and taken into consideration a judgment bond to the plaintiff from the defendant, and finding a particular sum due to the former on that bond, without determining how much, or whether any thing was due on the other subjects of difference submitted to, or examined by them, is not final, and therefore it is bad. Johnston v. Brackbill, 1 Penn.

364. 2. (Plea of no award. Evidence.) Where issue is joined on this

plea, evidence of mistake and inadvertence in the arbitrators in making the award is inadmissible. But where such evidence is received under this plea, and the award is a nullity, the court

will not reverse for the admission of such evidence. 16. 3. (Award of money to defendant.) In an action of debt on bond,

conditioned for the performance of the covenants contained in a certain article of agreement therein referred to, to which the defendants pleaded 'covenants performed and no breach, &c.' Held, that an award of arbitrators, finding a sum due by the plaintiff to the defendant, is good. Le Barron v. Harriot, 2

Penn. 154. 4. (Powers of arbitrators.) The powers of arbitrators are not

less extensive than those of a court and jury. 1b. 5. (Powers of arbitrators.) If a jury can, under any form of

pleadings, find a sum in favor of a defendant, arbitrators can do

it in the same cause, without regard to the pleadings. 16. 6. (Sum due defendant.) An award of arbitrators, in an action of covenant, finding a sum due to the defendant, is good. Pride

v. Thompson, 2 Penn. 158. 7. (Mistake, &c.) Where there is a plain mistake on the part of

the referees, where fraud or imposition has been practised on them by either party, or where there is corruption or misconduct among themselves, their award is open to reexamination,

reduction or total rejection. Neal v. Shields, 2 Penn. 300. 8. (Mistake.) A mistake must be established by the proof and

facts before the referees, and not by what might possibly have

been proved by witnesses not examined. 1b. 9. (Wrong judgment.) Where there is a fair and honest trial and

a just decision, according to evidence before referees, the award is final and conclusive on both parties, although in trath injus

tice may have been done. 16. 10. (Remedy for mistake.) References having been reported for

the plaintiff, and in a note annexed to their report, stated, that the debt was revived by such promise; it was held, that although the referees had in this particular mistaken the law, yet it could only be remedied by an application to the court below, and could not be taken advantage of on a writ of error.

Kline v. Guthard, 2 Penn. 490. BAILMENT. 1. (For pasturage. Increase.) Putting a mare to pasture, in con

sideration of her services, does not create a temporary ownership in the person with whom she was put, so as to entitle him to the increase. The person to whom the mare is put thus, is a naked

bailee. Allen v. Allen, 2 Penn. 166. BANKS. 1. (Bonds of cashier.) The cashier of an incorporated bank gave

a bond with sureties, conditioned that he would ' well and truly perform the duties of cashier.' By the act of incorporation the bank was required to pay annually to the State treasurer six per cent. of the amount of dividends; on failure of which for a specific time, the charter was thenceforth to become absolutely null and void, and of no effect whatever,' and the bank to be dissolved, unlawful, and unincorporated,' except inasmuch as corporate capacity should be necessary to the enforcement of contracts made by it or with it, before the period of its delinquency. Within that specified time, by the omission of the cashier, the six per cent on the dividends was not paid to the Stale treasurer, by which the charter was forfeited, in the beginning of January, 1818; by an act passed the second Feb

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