Summons and severance, ch. 1, a. 6, ch. Surety of the peace &c., ch. 150, a. 9. Tender, and bringing money into court, Timber, &c. ch. 211, a. 9. Trespass, ch. 172, ch. 173, ch. 211, a. 9. Trover, ch. 77. Trustee actions, ch. 192. Trusts and trustees, ch. 114, a. 14, &c. Twenty years' possession, the effect, ch. Variance, ch. 166, a. 4, ch. 175, ch. 185, Venire de novo, ch. 183, a. 8. Verdicts and judgments, ch. 96. Views by juries, ch. 68, a. 4, ch. 178, a. Voucher, ch. 124, ch. 177, a. 2. Wages of seamen, ch. 57. Ways and bridges, ch. 79. Witnesses, ch. 80, ch. 90, ch. 98. of right, ch. 228. Writings not sealed, ch. 93, ch. 97. TABLE OF CONTENTS, OR ANALYTICAL INDEX OF THE CHAPTERS AND ARTICLES. In this table is expressed the subject matter of each chapter and of each article. CHAPTER I. CONTRACTS AND CONSIDERATIONS. Art. 1. Principles of contracts and agreements, their probable origin, 2. The nature of contracts and the forms of them. 7. When discharged or dissolved, generally, and notes as to the principles of contracts in the civil and other laws. 8. Consideration of contracts, when good or not, &c. 9. The law does not weigh the quantum of the consideration. 10. The suspension of the plt's right any time, is a ground of 19, 20, 21. The debts of other persons, where considerations or not. 22. Both parties must be bound, &c. 23. One's promise is a consideration only when he can perform. 24. A loss or prejudice to one is a good consideration. 25. Considerations illegal, in whole or in part, are bad. 26. Forbearance, when a consideration or not. 27. A debt due only in conscience is a consideration of a promise. 34. So a bare relation between owner and tenant. 35. Cohabitation when a consideration or not. 36. Wife's consent, a good consideration or not. 37. The plt's endeavour, when a consideration or not. 38. So to do voluntarily what one ought to do is good, &c. 39. Considerations perfectly past. 40. Idle considerations are as none. 41. Considerations continuing. 42. Acts of officers considerations or not. 43. A compromise of a doubtful right is a good ground of a pro- 44. If no reward, no skill, or no neglect is implied, there is no 45. A contract personal once discharged can never again be the 47. When a note for land to a third person is valid, though the 50. Construction of contracts. 51. One is void of a kind to impose on the court, &c. 52. A contract as to State lottery tickets. 5. Taking chattels, damage feasant in what cases, &c. 6. By accord and satisfaction. 7. By arbitration and notes. Art. 1. Is a lawful demand of one's right, how, &c. and actions how 3. How in actions several persons may be plts., and general forms ACTION OF ASSUMPSIT. MONIES HAD ANd paid, &c. Art. 1. On promises not under seal, expressed or implied, the three 5. When the consideration fails. 6. For monies paid on a void authority. 7. Monies obtained by extortion, imposition, embezzling, &c. 8. For monies paid on judgments reversed, erroneous, void, &c. 9. For the proceeds of one's property another obtains by wrong 10. For monies paid on contracts illegal and void in law. 11. For monies mispaid to an agent, not paid over, &c. 12. Several cases, monies had and received, &c. 13. In assumpsit, husband cannot recover monies secured to his 14. When there is a warranty, this action for monies had and 15. For monies paid, laid out, and expended. 17. For monies paid by sureties, bail, &c. 18. For monies lent-and agent and principal as to contracts. 19. When the plt. must, or may not sue in auter droit, or in his own right, various cases and principles considered. 20. When one agrees to pay another's debts, how far assumpsit lies, and how far there must be a written promise. 21. Certain promises raised by law, the principles whereon, and 22. How an express promise excludes an implied one, or not, or ACTION OF ASSUMPSIT. AGISTMENT. Art. 1. Agistment, assumpsit as to. 2. Agistment on Massachusetts statutes. |