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ABSTRACTS OF RECENT ENGLISH DECISIONS.1

Action at Law. When maintainable.-By Parties clothed with Title by Foreign Law.-A woman who has become, by the laws of France, personally liable for her husband's debts, and has paid them after his death, and who is by the same laws entitled to sue a defendant in her own right to recover back the money so paid, has a primâ facie right to bring such action in this country without first taking out administration here. She is entitled to the like privilege, as donee by the laws of France, of her deceased husband's rights of action: Vanquelin vs. Bouard, 12 W. R. 128-C. P.

Action at Law.-In respect of Torts committed abroad.-Where by the law of a foreign country, compensation or damages may be recovered in such country for an assault there committed, an action is maintainable in England by a British subject for such assault, although proceedings taken at his instance are pending in the foreign court in respect of the same assault: Seymour (Lord) vs. Scott, 1 H. & C. 219; 9 Jur. N. S. 522; 32 L. J., Exch. 61; 8 L. T., N. S. 511-Exch. Cham.

Action at Law.-Pendency of another Action in respect of same Matter. -An action having been brought by an assignee under a bill of sale, his title being founded on a notice given under it, which, being objected to as invalid, a rule to enter a nonsuit was pending; afterwards he brought another action for the same goods, but founded on a title which had subsequently arisen (by reason of the bill of sale having become absolute), and, the defendant not agreeing to a stet processus in the former action without costs, the court allowed both actions to proceed: Marshall vs. Goadby, 11 W. R. 365—Q. B.

Banker and Banking Company.-Customers' Accounts.-Charging Interest.-A customer, being indebted to his bankers upon an account current, upon which compound interest had, according to custom, been charged, executed a mortgage to the bankers to secure the amount of the account current. He subsequently executed a creditor's deed, of which the bankers were the trustees, and from that time ceased to draw upon or pay money into the account. Held, that simple interest only could be charged from the date of the deed upon the balance due: Crosskill vs.

1 From the Digest of English Decisions during the year 1863. The letters at the end of the paragraphs indicate the courts in which the cases were decided, and the Jurist, Law Times, Law Journal, Weekly Reporter, and other publications in which they are reported.

Bower; Bower vs. Turner, 9 Jur. N. S. 267; 32 L. J., Chanc., 540; 11 W. R. 411; 8 L. T., N. S. 135—R.

Banker's Accounts.-Mode of Keeping.-As between a banker and his customer, the mode in which the account has habitually been made out, will be viewed as evidence of an agreement that it should be taken in that way; and in the absence of any special agreement, express or implied, evidence as to the custom of bankers is receivable for the purpose of determining the principle upon which the account is to be taken: Mosse vs. Salt, 32 L. J., Chane. 756-R.

Overdrawn Accounts.—Where a customer gets his banker to discount bills at a time when his account is largely overdrawn, and the amount is simply carried to the credit of his account, the bankers are holders for value, though no money was actually paid: Carew, In re, 31 Beav. 39.

Allowance to Customer of Income Tax on Mortgages.-Bankers cannot refuse to allow income tax to a customer upon interest accruing on a mortgage security: Mosse vs. Salt, 32 L. J., Chanc. 756-R.

Cashing Checks over the Counter.-C. presented (on behalf of his employer) a check at a banking-house. The cashier counted out the amount in notes, gold, and silver, and placed it on the counter. The plaintiff took it and counted it, and was in the act of counting it a second time, when the cashier (having discovered that the drawer's account was overdrawn) demanded the money back, and upon C.'s refusal detained him, and took it from him by force. Held, that the property in the notes and money had passed from the bankers to the bearer of the check, and that the payment was complete, and could not be revoked: Chambers vs. Miller, 13 C. B., N. S. 125; 9 Jur. N. S. 626; 32 L. J., C. P. 30, 11 W. R. 236; 7 L. T., N. S. 856.

Future Acquisitions.-Assignment of.-An assignment of chattel property, with a power to seize future chattels, does not operate in equity as an assignment of such future chattels, nor give the assignee a present interest in them: Reeve vs. Whitmore. Martin vs. Whitmore, 9 Jur., N. S. 1214; 33 L. J., Chanc. 63; 12 W. R. 113; 9 L. T., N. S. 311—C.

Promissory Note.—Instruments or Documents amounting to.-The following document was held to be admissible without either a promissory note or an agreement stamp. 'I, J. D., have this day borrowed of J. C. £300 at £4 per hundred, payable yearly:" Cory vs. Davis, 14 C. B., N. S. 370.

So a document as follows-"On demand we jointly and severally promise to pay to Messrs. W. P. and M. or to their order, or the major part of them, £100," is a promissory note upon which the three payees may maintain an action: Watson vs. Evans, 1 H. & C. 662; 32 L. J., Exch. 137.

Acceptances, Personal Liability on.-A secretary of a benefit building society signed a promissory note in the following form :-" Midland Counties' Building Society, No. 3, Birmingham, 1st September 1856, one month after demand, we jointly and severally promise to pay J. B. £120, with interest thereon after the rate of £6 per cent. per annum (payable half-yearly), for value received. W. H., S. B., directors; W. F., Secretary." Held, that the secretary was personally liable on the note: Bottomley vs. Fisher, 1 H. & C. 211.

Title of Holder of unindorsed Bills when impeachable.-One who receives a bill of exchange unindorsed (though for value) acquires no better title under it than the person from whom he receives it himself has: Whistler vs. Foster, 14 C. B., N. S., 248; 32 L. J., C. P. 161; 11 W. R. 648; 8 L. T., N. S. 317.

',

Where, therefore, A. had fraudulently obtained a bill (or check payable to order) from B., and handed it to C., in satisfaction of a bonâ fide debt, but without indorsing it,-Held, that C. could not acquire a legal title to sue upon the instrument, by obtaining A.'s indorsement after he had received notice of the fraud: Id.

Bills and Notes Taken as Collateral Security.-Duty of Holder as to Presentment. Where a defendant, being a creditor of the plaintiff, indorsed a bill, of which he was the indorsee, over to him by way of collateral security for his debt, and the plaintiff did not present it at maturity, nor give the defendant notice of its dishonor when presented,—Held, that the plaintiff could not recover in an action either on his original debt or upon the bill: Peacock vs. Percell, 14 C, B., N. S. 728; 32 L. J., C. P. 266; 11 W. R. 834; 8 L. T., N. S. 636.

Promissory Note.-Signing on Condition.-If A., by means of a false pretence, or a promise or condition which he does not fulfil, procures B. to give him a note or check, or an acceptance in favor of C., to whom he pays it, and who receives it bonâ fide for value, B. remains liable on his acceptances, and can only relieve himself from his promise to pay C. by showing that C. is not holder for value, or that he received the instrument with notice or not bonâ fide: Watson vs. Russell, 3 B. & S. 34, 9 Jur. N. S., 249; 31 L. J., Q. B. 304.