Page images
PDF
EPUB

Mr. Cox's excellent edition of this work; but it has already received the warmest praises of the profession; and the learned, both of the bench and the bar, have strongly testified their unqualified admiration of his editorial labours.

(Note 3.) NEWLAND ON EQUITY CONTRACTS. The principal authors, who have treated of contracts &c. cognizable in equity, are Powell, in the 2d. vol. of his Essay on Contracts and Agreements; Fonblanque, in his Treatise of Equity; Sugden, in his Practical Treatise on the Law of Vendors and Purchasers of Estates; Roberts, on Voluntary and Fraudulent Conveyances; and the late excellent treatise of Mr. Newland on Contracts within the jurisdiction of Courts of Equity. This is a work which will be particularly acceptable to the student, as the decisions of the law are often contrasted with those of equity, and the subject of every species of contract cognizable in that court, is treated with singular perspicuity and ability.

(Note 4.) COOPER'S EQUITY PLEADING, The matters cognizable in a court of equity are not as distinct from those of a court of law, as is the mode of proceeding: the practice, therefore, and the system of pleading adopted by this court, are no less important to the student than the subjects embraced by its jurisdiction. After an acquaintance with the principles and extent of this jurisdiction, whether exclusive of, concurrent with, or auxiliary to the powers of the courts of common law, our student will hasten to inform himself of the pleading and practice of this court: on this subject, after an attentive reading of that beautiful little outline by Mr. Barton, we would place in

his hands Cooper's Treatise of Equity Pleading, as the most comprehensive, methodical and learned which has appeared on the subject. With the exception of lord Redesdale's work on the same subject, which, until the late American edition by chancellor Kent, was scarcely known in this country, there is no other regular treatise on this learning: for although Harrison and other writers on the practice of the court of chancery, have considered the law of pleading in equity, they are by no means scientifick or comprehensive, so that this work is the only complete treatise which we possess on this subject. It is entitled to a decided preference to the works of lord Redesdale, Harrison, &c. as it comprehends all the later English and Irish chancery decisions down to the year 1809. The last English edition of lord Redesdale's treatise appeared in 1787, and consequently contains none of the cases reported by Vesey, jun. (of which there are now nineteen volumes,) of Brown, Ambler, Anstruther, Schoales and Lefroy, part of Dickens, &c. In addition to the few chancery precedents which the student has read in Barton's Suit in Equity, we advise him occasionally to consult Harrison's Chancery Practice.

PARTICULAR SYLLABUS.

TITLE VI.

"The Law of Merchants not being founded in the particular institutions, or local customs of any particular country, but consisting of certain principles which general convenience has established to regulate the dealings of merchants with each other in all countries, may be considered as a branch of publick

law."

.....MARSHALL.

"Non erit alia lex Romæ, alia Athenis, alia nunc, alia posthuc; sed et omnes gentes, et omni tempore una eademque lex obtinebat......CICERO.

THE LEX MERCATORIA. (Note 1.)

1. The title "Merchant and Merchandise," 4th vol. of Wilson's Bacon's Abr. p. 595. 2. Abbot's Treatise on the Law of Merchant

Ships and Seamen. Story's American ed. E. 3. The second book of Molloy de Jure Maritimo et Navali.

E. 4. Caine's Lex Mercatoria Americana.

5. Marshall's Treatise on the Law of Insurance. Condy's American edition.

E. 6. Ingersoll's translation of Roccus.

7. Chitty's Treatise on the Law of Bills of Exchange and Promissory Notes. Story's edition.

8. The following titles in the second volume of Evans's View of the decisions of lord Mansfield in Civil Cases.

1. Insurance Marine.

2. Insurance on Lives.

3. Insurance from Fire.
4. Bottomry.

5. Bills and Notes.

6. Lien.

E. 9. Rodman's translation of the Commercial

Code of France, or*

E. 10. The translation of the same Code, pub-
lished in 2 American Review, 359.
11. The following cases in Douglas's Re-
ports. American edition, 1807.
1st Vol. Beane v. Stupart, p. 11.

Woolridge v. Boydell, p. 17.
Milford v. Mayor, p. 55.

Lilly v. Ewer, p. 72.

Mills v. Fletcher, p. 230.

Dungwall v. Dunster, p. 247.
Planche v. Fletcher, p. 251.
Johnson v. Sutton, p. 254.
M'Dowell v. Fletcher, p. 260.
Lavabre v. Wilson, p. 284.

* Vid. note 3 on the seventh title.

Mason v. Hunt, p. 296.

Barber v. Fletcher, p. 305.
Thelluson v. Fletcher, p. 314.

Earle v. Harris, p. 356.

Hoare v. Daws, p. 371.

2d Vol. Noble v. Kinnoway, p. 510.
Russell v. Langstaff, p. 514.
Lorain v. Tomlinson, p. 585.
Peacock v. Rhodes, p. 633.
Archer v. Bank of England, p. 638.
Ruston v. Aspinal, p. 679.

Eden v. Parkinson, p. 733.

Bernon v. Woodbridge, p. 737.

13. The following cases in Sir James Burrow's

Reports. (Note 2.)

1st Vol. Pelly v. Royal Exchange Assurance Com. p. 341.

Miller v. Race, p. 451.

Godin v. London Assurance Com.

p. 489.

2d Vol. Heylin v. Adamson, p. 669.

Goss v. Withers, p. 683.

Luke v. Lyde, p. 883.

Gardiner v. Crosdale, p. 904.

Hamilton v. Mendes, p. 1198.
Edie v. East India Company, p. 1216.

3d Vol. Price v. Neale, p. 1354.

Glover v. Black, p. 1394.

Grant v. Vaughan, p. 1517.

« PreviousContinue »