Publisher's Synopsis
Excerpt from American Leading Cases, Vol. 1: Select Decisions American Courts, Several Departments of Law; With Special Reference to Mercantile Law; With Notes
Union is, to a great extent, the same; but the instances are not very numerous in which cases in any of the courts can be referred to, as having, for the first time, established particular principles, and, by force of authority, led other tribunals to adopt them. The title used by Mr. Smith has been retained, however, from convenience: and great attention has been given to the choosing of such decisions as, in point of fact, have been, and are, in their several departments, the most guiding and authoritative in American law. The Selections in the present work, are proposed as illustrations of the law; embodying and exemplifying important principles sometimes, fairly entitled to the name of Leading Cases; chosen, in all instances, as decisions whose character is approved, or whose importance is unquestionable.
In some of the points selected for discussion in the present volume, a reference has been had to the subjects of the American notes to Mr. Smith's work, so as to complete certain titles, by treating of matters not touched in those notes, yet allied to the topics there concerned. In the American note to T wyne's Case, in the former publication, the subject of fraud, under the statutes of Elizabeth, as connected with the retaining of possession on sales of chattels, was discussed: in the present volume, the subjects of fraud in voluntary conveyances, and in assignments to trustees for the benefit of creditors, the latter of which is quite peculiar to this country, are treated at large. In the note to Bickerdike v. Bollman, the necessity of demand and notice, in respect to the liability of the endorsers of negotiable instruments, was illustrated; in several notes in this volume, the negotiability and negotiation of notes and bills, and the nature of the demand and notice required, are investigated. In the earlier publication, the formation of partnerships, and the powers of one partner after a dissolution of the association, were treated; in this, the power of one partner to bind the firm, during its continuance, and the rights of joint and separate creditors, and the incidents of real estate held by a partnership, are examined.
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