Biddle v. Wilkins. 1 P. This cause came on, &c., on consideration whereof, it is adjudged and ordered by this court that the judgment of the district court in this cause be and the same is hereby reversed and annulled; and it is further ordered that the cause be remanded to the said district court, with directions to permit the defendant to plead de novo, if he elect so to do. INDEX. ABANDONMENT. INSURANCE, 4. 7. ABATEMENT. 1. In an action by a corporation, if the defendant would deny the corporate existence, he must do so by a plea in abatement. Conard v. The Atlantic Insurance Company of New York, 637. 2. The non-joinder of a partner as a defendant in an action of assumpsit, can only be pleaded in abatement. Barry v. Foyles, 592. 3. The question of citizenship constitutes no part of the issue upon the merits; it must be raised by a plea to the jurisdiction. D'Wolf v. Rabaud, 672. FORFEITURE. ACCESSORY. PRINCIPAL, &c. ACKNOWLEDGMENT. DEED, 3. 4. ACTION. BOND, 10; SALE, 4-6; Usury. ADJUTANT AND INSPECTOR-GENERAL. Under the act of March 16, 1802, (2 Stats. at Large, 132,) the adjutant and inspectorgeneral, while stationed at the seat of government, was not entitled to additional allowances by way of double rations. Parker v. The United States, 580. ADMIRALTY. 1. A lien for duties on goods imported cannot be enforced by a libel in rem in the admiralty. The United States v. 350 Chests of Tea, 302. 2. A suit in personam against an owner of a vessel, for supplies, cannot be maintained in the admiralty, where the owner gave a negotiable promissory note for the debt, which has not been given up or tendered at the hearing. Ramsay v. Allegre, 395. 3. A stipulation for property subject to admiralty process, is a mere substitute for the thing itself, and the rights of the stipulators are subject to the same powers as might be exercised by the court over the property, if still in its custody. The Palmyra, 1. 4. They cannot prevent the reinstatement of a cause, though the court may not wholly disregard their interests. Ib. CONSTITUTIONAL LAW, 6; FORFEITURE AGENT. 1. Where an agent was authorized to make advances on consignments to the extent 2. Though one dealing with an agent is generally bound to know the extent of his BILLS OF EXCHANGE, &c. 4; EVIDENCE, 1. 2. ALIEN. Under the law of Maryland, of December 19, 1791, which enables foreigners to take, ALTERATION OF INSTRUMENTS. DEED, 2. This court will not review the decision of a circuit court allowing a new count to be DEED, 4; PRACTICE, 2. ANSWER. If a bill charges notice, the defendant must answer without a special interrogatory; APPEAL. The decision of the orphans' court for the county of Washington, in the District of PARTIES, 2; Prize. ARBITRATION. 1. To impeach an award made under a conditional submission, upon the ground that 2. An ambiguity in an award, not affecting the interest of the party objecting to it, is 3. Where a submission was made by one partner of a "late firm," and it did not 4. It is not necessary to the validity of an award that each party should be ordered to ASSIGNMENT. A question of fact upon a bill filed to set aside the sale and assignment of a land warrant. Evidence deemed insufficient, and bill dismissed. Connor v. Feather- BANKRUPT; BOND, 13. 14; SALE, 1; UNITED STATES. ATTACHMENT. A variance between an account filed to obtain an attachment, and the declaration BAIL. The bail is fixed by the death of the principal after the return of the ca. sa. and before a case. BANK. BILLS OF EXCHANGE, &c. 8. 10; BOND, 2-4; CORPORATION; EQUITY, 1; PARTIES, 5; SURETY, 3. BANKRUPT. The right to indemnity for an unjust capture, passes to the underwriter by an aban- BILLS OF EXCHANGE AND PROMISSORY NOTES. 1. The case of Cooledge et al. v. Payson, (2 W. 66,) reviewed, and the rule con- 560. 2. If drawees were bound in good faith to accept, they cannot assume the position of 3. If a drawee has been in the habit of receiving consignments from the drawer, and 4. An acceptor, supra protest, for the honor of the indorser, may, on payment of the 5. A mere agreement by the holder with the drawer for delay, without a considera- 6. If an indorser who has not been duly notified unconditionally promise to pay the 7. An indorser resided in the country, two or three miles from the town of George- directed to him at Georgetown, was sufficient. The Bank of Columbia v. Law- 8. A bank which receives a bill for collection is the agent of the holder, not of 12. If a note is discounted in renewal of a former note, the law does not prevent the 13. There is nothing in the constitution or laws of the United States, to prevent the 14. Under the statute of Virginia, giving to debts due on protested bills of exchange, 382. 15. Wherever the government of the United States, through its lawfully authorized ADMIRALTY, 2; AGENT; EVIDENCE, 7; USURY. BOND. 1. Under a bond to remain a true prisoner until lawfully discharged, a discharge under 2. A condition of a cashier's bond, "well and truly to execute the duties of cashier,” 3. A usage of the board of directors, to permit the cashier to misapply the funds of 4. The cashier's bond, in this case, was held to cover all defaults in duties, from time 5. If a cashier, on leaving his office, fail to pay over or account to the bank for any 6. The postmaster-general has power to take a bond from a postmaster for the pay- 7. Including in an official bond other things which are separable from the subjects for |