56. Seamen's wages, and freight.
Sailor's remedy against ship, owner, or
master,
406
Ground of action against owner;
against master,
406
Act of congress; how wages forfeited,
406
Seaman disabled on duty has claim for
entire voyage,
406
If ship captured and voyage lost, no
right to wages or freight, 407, 8
Secus if retaken before condemned,
and reaching port safely, 407
Entire voyage must earn freight or
wages, unless owner prevent, in
which case his promise implied,

407.409-10
No recovery till cargo delivered, if
contract to pay then,
407-8
What master or freighter undertakes,
408
Though ship disabled, master must for
ward goods; else freighter may re-
take them without pay,
408
Seamen's rights, if wrongly dismissed;
or if voyage abandoned because ship
not seaworthy, or stopped by owner's
act,
409
Whether endorsee of bill of lading on
which consignee is to pay freight is
liable; decisions,
410-11

57. Contract left unfinished.
How in Mass. and N. Y. if work to be
paid for when finished,
411

62. Vendor's action when sale complete.
What requisite under 29 Car. 2, 415-16
Like law in many of the states, but not
in Va.
416
What delivery sufficient; when sale
complete; consequences,
416
When in Va. sale of flour in warehouse
complete, so as to give trover, and
make loss by fire the purchaser's,

416-17. 419
Held not material to separate lot
from other barrels of same brand;
disapproved in Ohio and Pa. 418
What necessary to complete sale,

418.460
Rule in England; rights of property
and possession distinguished, 418-19
Warehouseman vendee's agent, if sale
complete,

63. Resale on vendee's default.

English usage as to sale at auction,

419

64. Conditional sale made absolute.
Condition that sale shall be absolute if
goods injured or kept too long, is
valid,
420
65. Whether vendor can recover on part
delivery.
Construction of 29 Car. 2; how in Va.
420-21

Completion of contract varies with cir-
cumstances; what material, 421-2
How in England part received and
kept gives action,
422, 3
If contract entire, no recovery for
part till time of performance pass-
ed; reason by Parke, J. 422-3
English rule followed in Mass.; secus
in N. Y.
423-4

ACTION FOR MONEY LENT.

70. Against a partnership.
Will not lie for loan on partner's credit
tho' applied to business of firm, 432
Secus if loan for firm, or not express-
ly on private credit, though misap-
plied,
432

428

Lord Holt's opinion,

428

How if drawer pay bill, tho' discharged
by want of notice,
437
No request implied in such payment,
437

69. What creditor taking paper must do
to charge his debtor.

430
430

How if paper when paid is to discharge
debt,
By English statute, diligence to collect
and notice of failure required,
How if bill taken for precedent debt
is altered,
430-1

What plt. suing for original debt must
shew,
431

If paper passed beyond his control,
he will fail,

431

75. Where one has to pay another's debt.
Amount so paid may be recovered ;
examples; principle explained, 437-8
Surety may recover amount paid for
principal; examples,
438 9

If sued, he may recover costs, 439
One paying joint judgment in tort can-
not recover secus in assumpsit, 439
How if act, not itself illegal, done
to try right,
439