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ADVERTISEMENT TO THE SECOND EDITION.

IN preparing this Edition about 127 pages of new matter have been added to the Notes, and a large number of new Cases have been cited. Those Cases which were decided too late for insertion in their proper places, while the work was going through the press, appear in the Addenda.

March, 1868.

PREFACE TO THE FIRST EDITION.

THE plan of this selection of Leading Cases is like that adopted in similar collections. Cases frequently cited in our Courts, or in which some important principle was first enunciated in clear and decisive terms, are first chosen, and to these are appended Notes, in which an attempt is made to develope the principles laid down in the Cases, great care being at the same time taken to notice the recent authorities.

The Cases in this work may be divided into two important divisions; the first, relating to ordinary mercantile law in time of peace; the second, relating to the effect of war, and especially of maritime war, upon the property and contracts of merchants.

In the first class of Cases will be found principally the judgments of Lord Hardwicke, C., Lord Mansfield, C. J., Eyre, C. J., Lawrence, J., Lord Eldon, C., Sir Wm. Grant, M. R., Lord Redesdale, C., Lord Ellenborough, C. J., Lord Tenterden, C. J., Lord Brougham, C., Lord Abinger, C. B., and Parke, B. (now Lord Wensleydale),-judges than whom the authority of none can be higher in all questions relating to mercantile law.

The second class of Cases consists principally, as might be expected, of the decisions of Sir William Scott (better known now perhaps as Lord Stowell), whose judgments have, with no undue strain of compliment, been termed models of judicial eloquence.

The subjects illustrated by the decisions selected as "Leading Cases," and the annotations thereon, will be found in the annexed List of Cases reported.

16, OLD SQUARE, LINCOLN'S INN

March, 1860.

LIST OF CASES REPORTED.

BETSEY, THE, Murphy, Master. (Blockade)
BIRKLEY . PRESGRAVE. (General Average)

PAGE

. 1013 92

BREMEN FLUGGE, THE, Meyer, Master. (Capture of

Enemy's Goods on board Neutral Ship)

CHASE. WESTMORE. (Possessory Lien)
CLAYTON'S CASE. (Appropriation of Payments)

. 1045

CRAWSHAY . MAULE. (Partnership - Dissolution of by

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DEVAYNES V. NOBLE-CLAYTON'S CASE. (Appropriation of

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DIXON . SADLER. (Insurance-Implied Warranties-Sea

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worthiness)

127

DON v. LIPPMANN. (Conflict of Laws-Foreign ContractsForeign Judgments-Enforcement of in this country) 613 FORBES . ASPINALL. (Maritime Insurance-Particular Average-Adjustment of Average)

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FORTUNA, THE, Tadsen, Master. (Capture of Enemy's Ship
Cargo belonging to Neutral restored)

FREDERICK MOLKE, THE, Boysen, Master. (Blockade)
GRATITUDINE, THE. (Bottomry Bonds-Hypothecation)
HANSON v. MEYER (Sale of specific chattels conditionally-
When Property in vests in Purchaser)

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HARMAN v. FISHAR. (Bankruptcy-Fraudulent Preference) 773 HOOP, THE, Cornelis, Master. (Trade with the Enemy

Licenses)

921

IMMANUEL, THE, Eysenberg, Master. (Colonial Trade of

Enemy-Rule of War of 1756)

948

JOHNSON v. SHEDDON. (Maritime Insurance-Particular
Average-Adjustment of Average)

232

JONGE MARGARETHA, THE, Klausen, Master. (Contraband

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JOY. CAMPBELL. (Bankruptcy-Reputed Ownership)
KRUGER V. WILCOX. (General Lien)

LEWIS v. RUCKER. (Maritime Insurance-Particular Average

-Adjustment of Average)

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LINGHAM V. BIGGS. (Bankruptcy-Reputed Ownership) 688 MACE v. CADELL. (Bankruptcy-Reputed Ownership)

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MARIA, THE, Paulsen, Master. (Right of Visitation and

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MARKET OVERT, THE CASE OF. (Sale in Market Overt) 274 ROUX v. SALVADOR. (Insurance-Total Loss-Abandonment) 166 ROWLANDSON, EX PARTE. (Bankruptcy-Joint Creditors—

Separate Creditors-Double Proof).

RUFFIN, EX PARTE. (Partnership-Conversion of Joint into

832

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SANDILANDS v. MARSH. (Partnership-Power of Partner to

bind the Firm)

464

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SANTA CRUZ, THE, Picoa, Master. (Recapture from the

Enemy-Salvage)
TARLING v. BAXTER. (Chattels, Sale of-Property in, as
distinguished from Possession-When they pass to
Purchaser)

TWEE GEBROEDERS, THE, Northolt, Master. (Protection of
Neutral Territory)

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TYRIE v. FLETCHER. (Maritime Insurance-Return of
Premium)

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WATERS v. TAYLOR. (Partnership-Dissolution of by different modes-Effects of)

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WHILELMINA, THE, Otto. (Colonial Trade of Enemy-Rule

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WHITEHEAD V. ANDERSON. (Stoppage in transitu)

WISEMAN V. VANDEPUTT. (Stoppage in transitu)

WOOLRIDGE v. BOYDELL. (Insurance-Implied Warranties

Change of Voyage-Deviation)

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WORSELEY V. DE MATTOS. (Act of Bankruptcy-Fraudulent

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