1. Misrepresentation in any essential part 101 1. 3. A contract made in a foreign country, a view of its being performed in another country, then the law of the country where it is to be performed should be the rule, 377 a In all contracts, it is a good general ib. On a contract for building a house, at a sum certain, where additions and alterations are made in the original plan, the contract shall not be set afloat on that account; but the sum fixed by the contract, shall form the basis of the charge, and the additions and alterations shall form extra charges, at a reasonable valuation, 401 On a contract for the sale of rice, which turned out to be damaged when examined at a foreign port; it was determined that it should have been examined in Charleston, before it was shipped on board of the vessel, and that the quality of such a valuable staple commodity should not depend upon an examination in a foreign country, but at the place of shipment, 498 A merchant who ships rice without examination, takes the quality upon himself, and runs all risks, ib. CONVOY. una warranty of sailing with convoy, in a COPARTNER. from 237 not sufficient, because the attorneys on record represent the parties, 431 In an action of assumpsit, where a party plaintiff recovers less than 20. sterling, he shall have no more costs than are allowed on a summary process, unless the demand be reduced by discounts; as the defendant, if he pleases, may resort to his cross action, 433 All payments made in cotton or other produce of the country, shall be credited at the current value in the districts where the party lives on the day of delivery, which are not to be considered as discounts or mutual debts, but payments pro tanto, COVERTURE. 434 Coverture should be pleaded in abatement: it is too late to take advantage of it, in order to set aside a judgment of several years standing, where a woman carried on business in her own name, and on her own account for a number of years as a sole trader, 333 1. Where executors or administrators sue in right of their testators or intestates, they pay no costs; but where they are defendants, they are liable, and judgment shall be de bonis testatoris, 2. No costs are allowed against an informer or prosecutor in a qui tam action or prosecution on behalf of the 1. public, 323 166 3. No costs are allowed against an executor or administrator on a nonsuit, though they may be liable in some cases on a non pros. where delay or 2. laches is imputable to them, 399 2. Damages, although high, not a ground 1. A decree or sentence in a foreign for a new trial, in violent assaults, 1. Where a man takes the benefit of the insolvent debtor's act, in the inferior court of the city of Charleston, it entitles him to a discharge from his suing creditors, in the court of common pleas, 104 2. An insolvent debtor not to be discharged where fraud is suggested, until that point is determined either by the court or jury, 147 3. Mere allegations of fraud are not suf ficient to deprive a man of the benefit of the act. Affidavits containing the facts must be filed, ib. court of admiralty, as lawful prize or as enemies' property, is conclusive against all the world, 362. 367 Where a decree is doubtful or of an ambiguous or uncertain nature, or where the libel is on one ground, and decree on another, or the like, it will justify the court in opening the proceedings, and permitting evidence on both sides, See also 388. DEED. 362 A deed not recorded within six months after its date, does not lose its priority to a subsequent judgment, in districts where county courts were never established, 80 The Lord's day, commonly called Sunday, not a day in law; non est dies juridiIf a verdict be delivered in on Sunday morning, after 12 o'clock on Saturday night, it will be a good ground for a new trial, 232 DISCOUNT. 1. Torts and trespasses, &c. are not discountable under the discount act; only money transactions or mutual debts, accounts, or other matter arising ex contractu, and not ex delicto, 351 2. In an action on a bond against one joint obligor, any fair discounts, which the the other co-obligor may have against the plaintiff, may be set off against the bond, 475 3. An assigned bond is a good discount against another; but if the plaintiff can shew that the bond so assigned over has been paid off by a receipt, the statute of limitations will not run against such receipt, See Statute of Limitations. DISTRIBUTION. 481 The distribution of intestates' estates among collateral relations, is not to be carried down further, by the act of 1791, abolishing the rights of primogeniture, &c. than the children of the brothers and sisters of the intestate, 293 85 Sed 5. See the obligor, or maker of the note or bond is proved, 506 Qu.? A subsequent decision under the act of 1803, has altered the above. See the case post, in which it was determined that it was not previously necessary to prove the hand-writings of the witnesses. Where a jury, in a criminal case, find without, or contrary to evidence, and convict a man of an offence which may subject him to corporal punishment, the court will, upon the report of the judge who tried the cause, without further argument, order a new trial, 520 Hening & Munford's Virginia Reports, 1st vol. p. 177. F FACTOR. 1. A factor has no right to take up goods in the name of his principal from a merchant, without a special order for that purpose, so as to charge the principal with the amount, 2. 269 The mere act of the principal or planter, of sending him rice for sale, gives him no such authority; the merchant in such case must look to the factor for his money, 271 Where a merchant employs a factor or agent abroad for a special purpose, he shall not be answerable for the acts of the agent further than he acts within the powers, and for the purposes for which he was constituted, 505 FEE CONDITIONAL. Where a father gives land to his son, and the heirs of his body, which would create an estate-tail in England, the marriage of such son, and having |