|
|
A Digest of Law Taken from the notes of Judge Reeve's and Gould by Henry B. Cowles Between June 1st 1817 & June 5th 1818 In Four Volumes, Volume II. |
Volume 3 title page |
|
|
Contracts by Judge Gould |
Volume 3 title page half |
|
|
Municipal Law by Judge Gould |
Volume 1 Title page |
|
|
Personal Actions |
Volume 2 title page |
|
|
Private Wrongs Torts |
Volume 2 Title page half |
|
|
Personal Actions |
Volume 2 Title page half |
1817 |
Reeve, Tapping |
Originally, debt was considered as a sum of money due by a a certain express contract, as by bond note, special bargain to pay &c. It was not matter what form it was, whether it was a parol or special engagement, so long as it was for a sum certain, it was debt. |
Action for debt, Volume 2 Debt |
1817 |
Gould, James |
Any person under the age of 21 years either male or female is in law called an Infant. Privileges & disabilities of the infant will form the subjects of the present title. |
Parent & child, Volume 1 Parent & child |
1817 |
Gould, James |
A bailment is defined to be a delivery of goods upon a contract express or implied that they shall be restored to the bailor, or according to his direction, when the purpose for which they were bailed shall have been answered. |
Bailments, Volume 3 Bailments |
1817 |
|
This is an action which is now almost entirely disused. The reason is that the action of trover has come in to its place & will lie in all cases where this action will lie & some other where this will not lie. By this action, the specific thing must be restored. |
Action of detinue, Volume 2 Detinue |
1817 |
|
This is an action which is out of use generally, as Courts of Chancery have taken this action. But it is often brought where there is no Chancery. The only report of this action be used within a century in the English court is in 3 Wilson. A general rule is that this is always founded on some contract, express or implied; but it will not lie in tort. |
Action of account, Volume 2 Account |
1817 |
|
Under this head, I shall consider the injuries which affect a man's character, his person, & his personal property. These are sometimes mixed, as where a person is injured in his reputation & property both. |
Private wrongs, Volume 2 Torts |
1817 |
Gould, James |
Of the different kinds of guardians, their rights & duties. A guardian is sometimes defined to be a temporary parent, or one standing in loco parentis for certain purposes during minority. I say "for certain purposes" for he is not a parent for every purpose. And minor child under a guardian is called a ward. |
Guardian & Ward, Volume 1 Guardian & ward |
1817 |
Gould, James |
The law of settlement does not fall appropriately under this title, but it is as well examined here as anywhere. The law on this subject is regulated in Connecticut by these statutory provisions. The first relates to foreigners not belonging to the U.S., the second to inhabitants of neighboring states; third, to the settlement of persons originally inhabitants of this state who remove from one town to another. |
Guardian & Ward, Volume 1 Settlement of infants |
1817 |
Gould, James |
In common language, the words Covenant, Contract & Agreement are synonymous. In technical meaning in law, covenant signifies an agreement under seal. Powell is correct in making them synonymous. |
Private wrongs, Volume 2 Covenant broken |
1817 |
Gould, James |
A servant is any one who is subject to the personal authority of another. A master is one who exercises that authority. |
Master & Servant, Volume 1 Master & servant |
1817 |
|
This title is closely connected with that of bailments which precedes it & in the course of which, most of the principles relating to inns & innkeepers are noticed. At common law, any person may exercise the employment of innkeeper unless the number of inns becomes so great as to be inconvenient for the public. |
Inns & Innkeepers, Volume 3 Inns & innkeepers |
1817 |
Reeve, Tapping |
How mercantile law differs from Common Law. This law is different in principle from the common law. It is as respects commercial concerns. The mercantile law is the law of all commercial countries. True, there are particular customs varying it in different countries. What these customs are, are to be known like the other customs of a country, which are different from the customs of other countries. |
Mercantile law, Volume 3 Mercantile law |
1817 |
Reeve, Tapping |
In treating of the Lex Mercatoria, I shall consider I. of insurance. II. Bottomry & respondentia bonds. III. Bills of exchange & negotiable notes. IV. the law of charter parties. V. the law of ship owners & seamen. VI. the doctrine of partnership. VII. The law of factors. Under these subjects are embraced the whole Lex Mercatoria. |
Insurance, Volume 3 Insurance |
1817 |
|
I am now to consider the Rights & Duties of sheriffs & their under officers, & also other topicks which are difficult to be classed under other Titles. |
Sheriff & Gaoler, Volume 1 Sheriffs & gaolers |
1817 |
Reeve, Tapping |
This action lies in three classes of cases. I. for wrongs not accompanied with force. II. Consequential injuries or injuries occasioned by acts accompanied with force. III. Injuries arising from culpable omissions. |
Private wrongs, Volume 2 Trespass on the case |
1817 |
Reeve, Tapping |
Bottomry bonds are bonds not only given for the payment of moneys, but the ship is pledged. So that if the ship is lost, the lender loses his money & the ship is always subject to this burden. |
Insurance, Volume 3 Bottomry & respondentia bonds |
1817 |
Reeve, Tapping |
Where there is a particular agreement for freight, it is usually reduced to a written form and denominated a charter party. |
Charter parties, Volume 3 Law of charter parties |
1817 |
Gould, James |
Pleadings are defined to be the mutual altercations be tween the plaintiff & defendant put into legal form & set down in writing The word "altercation" means allegation. |
Pleas & pleadings, Volume 1 Pleas & pleadings |
1817 |
Reeve, Tapping |
The acts of one partner as they relate to the others. One partner can bind the other as to all matters within the scope of the partnership. |
Partnership, Volume 3 Doctrine of partnership |
1817 |
|
These writs are of a peculiar nature; there is no form of action the will completely redress those wrongs except these writs. Mandamus; Prohibition; Audita querula; Quo warranto; Habeas corpus. |
Private wrongs, Volume 2 Prerogative writs |
1817 |
Reeve, Tapping |
A factor is one who is employed by a person in a foreign country to transact business for him. His commission is either general or special. |
Factors/agency, Volume 3 Law of factors |
1817 |
Reeve, Tapping |
On this subject, I shall say but little, having already considered the principles as applying to insurance generally. For a man to insure against fire having no interest in the thing insured is void in England by statute. |
Insurance, Volume 3 Insurance against fire |
1817 |
Reeve, Tapping |
The insurance of a life is a contract where by the insurer, in consideration of a certain premium, either in a gross sum or by annual payments, undertakes to pay the person for who benefit the insurance is made a stipulated sum of money or an annuity equivalent upon the death of the person whose life is insured. |
Insurance, Volume 3 Insurance on lives |
1817 |
Gould, James |
The admissibility of Evidence is always a matter of law & must be settled by the Court. |
Evidence, Volume 2 Evidence |
1817 |
Gould, James |
A bill of exchange is an open letter of request addressed by one person to another requesting the latter to pay a sum of money to a third person, or to anyone whom that third person shall direct his order or bearer. Kyd on Bills of exchange 3. |
Bills of exchange & promissory notes, Volume 3 Bills of exchange & negotiable notes |
1817 |
Gould, James |
A contract as the term is understood at Law is "an agreement between two or more parties upon sufficient consideration to do or not to do a particular thing." |
Contracts, Volume 3 Contracts |
1817 |
|
Executors & Administrators. compiled from the notes of both Reeve's & Gould. |
Executor & Administrators, Volume 3 Executors & administrators |
1817 |
|
A bill of exceptions is a statement of facts annexed to the record for the purpose of forming ground of a new trial & always contains some interlocutory judgment or decision upon a point of law founded on these facts. |
Bills of exception, Volume 1 Bills of exception |
1817 |
|
A writ of error at common law is a commission to the judge of a high court to examine the record below and to affirm or reverse that judgment according to law. |
Volume 1 Writs of error, Writs of error |
1817 |
Gould, James |
Marriage is regarded by the common law & our own as a contract merely civil & the immediate effect of it is that the parties are in judgment of law united into one person. 1 Blackstone 422, 423. |
Baron & feme, Volume 1 Husband & Wife |
1817 |
|
In Connecticut, new trials are not grantable to judgment of single magistrates of the law. Stat. 25; Kirby 9. It is worthy of observation that new trials were not known at all at common law. The only remedy in these cases was by way of attaint. |
New trials, Volume 1 New trials |
1817 |
Reeve, Tapping |
Awards extend to all cases of personal defences. Award is the decision of men chosen by the parties themselves, and is a bar to all actions of a personal nature, whether they arise ex contracto or ex delicto, with a single exception. |
Assumpsit, Volume 2 Award |
1817 |
Gould, James |
Municipal law is defined to be "a rule of civil conduct prescribed by the supreme powers of a state, commanding what is right and prohibiting what is wrong." |
Municipal law, Volume 1 Municipal law |
1817 |
Reeve, Tapping |
Assumpsit is a promise to do some act or abstain from it. The inquiry in regard to what renders assumpsit valid as consideration, legality &c, properly belongs to the title of contracts. The inquiry now is to show in what cases assumpsit is the proper action. |
Assumpsit, Volume 2 Assumpsit |