PREFACE The favorable reception and marked approbation given to the first volume of this series, and the decided indorsement given the plan by the judiciary, leading members of the profession, and the press generally, have stimulated me to do my utmost to render these reports worthy of the regard and favor thus manifested. The general plan of the work has been indicated in the introduction to the first volume, and that will be adhered to consistently and faithfully. As was stated there, particular efforts will be bestowed on the syllabus of the cases, in order to have it truly mirror the decision of the court. The profession are too well aware how deceptive, sometimes, a syllabus is; that either it leaves out a material fact on which the decision was based, or that it states a proposition too broadly where an important limitation should be made, and not seldom is a material point omitted. The necessity and the utility of a careful revision of the syllabi will be very apparent by a comparison of some of the syllabi of this volume with those of the original reports. For the sake of illustration, I will here put in juxtaposition the syllabus in the case of Ludlow v. Simond: [2 AM. DEC. 291.] DISCHARGE OF SURETY.-Where a surety bound himself to make good a deficiency arising from a sale of goods consigned to the correspondent of the creditor, who had entire control of the consignment, a sale by the consignee at another place than that agreed on releases the surety. JURISDICTION OF EQUITY IN MATTERS OF ACCOUNT.-Although there may be a remedy at law in matters of account, yet, if the relief be doubtful or inadequate, equity will entertain the bill, in order the more effectually to give relief generally. EXECUTION OF BEALED INSTRUMENT BY SEVERAL.-Where several parties should unite in the execution of a sealed instrument, they may use and adopt the same seal. [2 CAINES'S CASES, 1.] If a surety engage to make good the deficiency arising from a sale of goods at a given place, and consigned to the correspondent of the person to whom the security is given, who has the whole control of the adventure, a sale by the consignee at another place releases the surety. Though relief at law may be had, yet, if it be doubtful, equity will retain the bill. This case, as will be seen from the note, is regarded as an important one on the obligation of a surety, and on the point of equitable jurisdiction. It will be observed that the syllabus of the original report very inadequately gives the point decided by the court in regard to the jurisdiction of equity. It will also be seen that it omits a material point, in regard to the execution of a sealed instrument, which was raised in the case. And the case was cited on this very point in the 54th vol. N. Y. Reports, nearly seventy years subsequently; and it is also cited on the same point by Parsons on Partnership. Again, in case of Hare v. Fury, the syllabus may be thus compared: [2 AM. DEC. 358.] RECOVERY OF MESNE PROFITS AGAINST JOINT-TENANT -Joint-tenants or tenants in common, recovering in ejectment, are bound to obtain possession under the proper writ or otherwise; and in case they neglect to do so, they will be limited to a recovery of mesne profits to a reasonable time after judgment, which in this case was held to be ■ month. [3 YEATES, 13.] Generally, in trespass, the plaintiff may recover mesne profits for such time as the defendant may have been in possession; but in the case of joint-tenants or tenants in common, recovering in ejectment, they are restricted to a reasonable time after judgment. Here, it will be seen that I have omitted the general proposition stated in the original syllabus, because it was a principle necessarily assumed in the decision of the case, and about which there was no question; and it will also be seen that the original syllabus entirely omits a very important point, viz.: what reasonable time was held to be in this case. These are illustrative examples, showing how little dependence can be placed on the syllabi in some of the reports, and how often they fail to be a faithful index of the court's decision. Again, it may be noticed how important it is to examine the subsequent modifications or limitations placed on cases which have been frequently cited in text-books and other authorities This I regard as one of the most essential and useful features in a series like the present, and a most responsible duty for myself in the compilation and annotation of the cases. For example, the case of Dusenbury v. Ellis, 2 Am. Dec. 144, has beer regarded as a leading case in New York, and generally cited else. where, on the personal liability of an agent; but it will be observed in a note to that case, that it has been, in recent decisions in the court of appeals of New York, construed and somewhat modified. So in regard to the case of Seixas v. Woods, 2 Am. Dec. 215; it has been for a long time cited on the doctrine of warranty in the sale of personal property. It will be found that late decisions in New York have materially modified the doctrine of that case. It is noticeable in the present volume that there are a large number of cases on marine insurance, but this is very accountable when we consider the period when those decisions were made, which followed a great European war, out of which many important maritime questions arose; and the principles of our law of marine insurance were then established by elaborate and learned decisions of our early judges, particularly those in New York and Pennsylvania. I have to express my obligation to many members of the judiciary and the profession generally, for their kind suggestions, and in some instances for very material aid in the selection of important cases, and it is hoped in a short time that we may be able to have corresponding members in every state, to whom reference may be made for advice and suggestions. BAN FRANCISCO, J. PROFFATT. Blackledge v. Simpson... Award.. Bradley v. Buford.. .Fraudulent conveyance...Sneed. Brander v. Justices......Mandamus.. .... .2 Day.. 119 ..3 Call.. 543 .1 Caines....... .... 180 .1 Massachusetts..... 36 .5 Call....... 590 .1 Caines's Cases... 281 .1 Brevard.. 684 Sneed... 711 Cobham v. Adm'rs......Statute of limitations...2 Haywood. Commonwealth v. Bailey. Forgery........... Commonwealth v. Duane. Criminal law Com'nw'lth v. Hutchinson Criminal law ..Sneed.... ...... 706 .2 Caines.... 235 ..4 Call.... Conroy v. Warren........... Negotiable instruments..3 Johnson's Cases .1 Harris & Johnson.. 534 .1 Massachusetts..... 11 400 57 .2 Caine's Cases 316 ..... .2 Desaussure 692 ....... .2 Day.... 113 |