4. One who, by the request of a
thief or tortious taker, sells the
chattels of another is liable to the
true owner as tor a conversion.
Anderson et al. v. Nicholas, ....121
5. Action for delay in receiving goods
sold. Dibble et al. v. Corbett et al.,

..202

6. A cause of action for extra work
and materials alleged to have been
done and furnished in enlarging the
capacity of and completing a vessel,
originally contracted to be built for
an agreed sum, where no time of
payment for such extra work is
stipulated, accrues when such extra
work has been completed. Peck v.
The New York and Liverpool United
States Mail Steamship Co., .....226

7. Corporation for receiving deposita
of savings not liable for tortious act
of its President or Vice-President
amounting to a conversion of the
personal property of a third per-
son, done without the knowledge
or sanction of its directors or trus-
tees. Thomson v. Sixpenny Savings

..293

Bank,...

8. How far a qualified refusal to de-
liver on demand is evidence of con-
version, considered...... .....id

9. The plaintiff in a judgment cannot
maintain an action to set aside a
conveyance by his debtor as fraudu-
lent until an execution has been

2. Evidence of authority of agent,
when? Trask v. Jones et al., ...62

AGENT.

1. When an agent or officer of a cor-
poration, in good faith, in the proper
discharge of his duty, applies his
own money or makes use of his own
chattels for the proper uses of the
corporation, he may recover for such
money or such use. Rider et al. v.
The Union India Rubber Co.,...85

2. Although an agent or officer can-
not, as such, make a contract with
himself, and so bind his principal to
himself, his principal is nevertheless
bound to pay for property used by
his agent, in the faithful discharge
of his duty, for purposes within his
authority, and the measure of com-
pensation is the fair value of the
property so used.

...id
3. One who deals with or disposes of
the personal property of another
(the same not being negotiable pa-
per) must see to it that he acts by
the authority of some one who has
power sufficient to warrant such
dealing or disposition. Anderson et
al. v. Nicholas,

..121

Vide AGREEMENT.

Bond, (payable on the opening

of a street, liability ceases if

plan be altered,) ........389
BROKER, (liability on purchase of

stock' for his employer,) ..506
CONTRACT.
NEGLIGENCE
NEW YORK.
SETTLEMENT.

4. Agent for collection, transferring
bill of exchange as security for his
own preëxisting debt, confers no
title as against his principal. Scott
v. Ocean Bank,...

.192

ACT OF GOD.

1. Common carrier liable for injuries
caused by inevitable accident or act
of God, if he by negligence or in-
excusable delay exposes goods to
the peril. Read et al. v. Spaulul-
ing,....

..395

5. A broker, making a purchase of
stock in good faith in the usual
course of business for a principal
who employs him and pays for the
stock to him, is not liable to refund
the money to his principal although
it subsequently appears that the
stock was fraudulently issued by an
agent of the corporation, and is of
no value. Peckham v. Ketchum et
al.,

...506

ADVERTISEMENT.

1. Whether publication of dissolu-
tion of partnership is necessary,
considered. Hordane et al. v. But-
terworth,

6. An agent receiving a check drawn
payable to himself, in payment of

Vide INSURANCE, 7.

under a written agreement signed
by the vendors and vendees, and
such agreement is, in form and
terms, that the vendors and ven-
dees “constitute and appoint B.
and W. to appraise" the property,
and " bind themselves each to the
other to abide by their valuation of
the same, at which” (the vendors)

agree to sell the same to" the
vendees, and the latter "agree to
buy the same of the vendors; and
in case B. and W. “should be unable
to agree in their valuation, they
shall select a disinterested party, as
usual in such cases, to assist them in
the appraisement;" and where B.
and W., being unable to agree, se-
lected a third person, and the three
met together and examined the pro-
perty, and two of them agreed up-
on a valuation, the vendors are enti-
tled to recover the sum so agreed
upon, although such third person
was selected upon an agreement
between him and B. and W. that
he should fix the value and they
would concur in it, provided that
agreement was abandoned, and the
three did in fact meet and examine
the property together, with a view
to determine its fair value, and the
value so agreed upon was fixed in
good faith, and expressed the honest
judgment of the two who concurred
in respect to it. Haj v. Blossom
et al.,

..559

ATTACHMENT.

1. Where goods are taken by the
sheriff under an attachment against
a debtor, and a third person brings
an action against the sheriff for
such taking, claiming the goods as
transferree of the debtor, the sheriff
may show as a defense that the
transfer by the debtor to the plain-
tiff was with intent to defraud
creditors, although the attaching
creditor has not recovered judg-
ment. Thayer v. Willet, Sheriff, 344

ARBITRATORS.

Vide APPRAISAL,

ASSIGNMENT.

2. Where the owner of goods, resid-
ing in Ohio, consigned them to a
factor residing in New York city,
for sale, and such factor, on advice
of shipments of goods from time to
time, and on receipt of bills of
lading for such goods advanced to
the consignor, and on the 6th of
April

, 1854, the consignee's advances
and charges exceeded in amount
the value of the consigned property
which had then come to hand, but
were less in amount than the value
of the whole consigned property,
(including the value of that for which
bills of lading had been received, but
which had not then arrived,) and all
of such consigned property arrived
by the 15th of June, 1854, and on
subsequent sales produced a surplus,
after paying all advances and
charges, an attachment against the

1. An order drawn by one who has
furnished supplies to a vessel in-
dorsed upon one of her bills of la-
ding and drawn upon the master
requesting him to pay a sum named,
describing it as the freight on the
bill of lading, of which the within
is a copy, and accepted by the mas-
ter with the knowledge and assent