Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-08-03
Digested DEGREES of the Supreme
Court, Jackson, april, IS75.

With tO-day's issue we commence the
publication in the UNION AND AMERICAN
OF the digested DEGREES of the Supreme
Court forthe Middle Division of Tennessee
rendered at its April term, in jackson. All
new points OF law and equity, as well as
those reversed, are given and will be of
much interest to the legal fraternity Of this
State, who may rely upon the correct char
acter Of these digests or abstracts which
have been most carefully prepared.
ENDORSEMENTS OR BILLS AND NOTES,
ACuoN-A suit brought in the name of a
for the use of b, on a note endorsed by A
to b for collection by B, was amended by
striking out the words for the use Of B -
Held proper, and that The holder might
strike out the endorsement to and recOv-
er. Case (No. 10Y of Southworth vs..
Thompson.
ACTION AND PARTY-A suit against
"the captain and master of the steamboat
NJ. H." without naming him is fatal by de-
feet and a judgment Oh such proceeding in
the same form is void. G.. and NJ. of NJ.
Hamilton vs.. Paschal; case 81.
ACCOUNT, PROJECT QF-PRoFERT need
not ee made of an account coming from
another State or county. App vs.. Lieman,
No. 50.
AGENT, NOTICE.-Notice to the agent of
bank is notice to the bank. Also held
that charge that if the President of a
bank obtained knowledge Of the defect of
paper in his individual capacity, or if he,
acting for himself and not for the bank was
party to the fraudulent transaction out Of
which the paper arose, neither bis knowl-
edge or the fraud would bank is erroneous.
Inr hold 20
the fraud and the bank had only construc-
tive notice the maker would be bound.
Tagg Us Tenn. Nat. Bank, No. LOG.
ACTION BY EXECUTRIX.-An executrix,
being sole devisee of an estate, sues in her
character of executrix for rent which would
properly belong to her as devisee; no objec-
ton being taken until after the verdict to
the character in which the plaintiff sued,
held such objection was no ground for
new trial. Clayton VS.. Mckinney, No. 107.
VERDICT SUSTAINED IN ABSENCE OF
NEGATIVE PROoF.-No proof being made
whether land was held in fee or for years,
after verdict it will be presumed that the
estate was such as will sustain the verdict,.
Idem No. 107.
ADMINISTRATION.
APPOINTMENT OF ADMINISTRATOR
An appointment of an administrator in the
Chancery Court ought 10 be upon an origin
al bill filed for that pwpose. But if it be
by amended and supplemental bill in
cause pending, it is not void. 1t seems it
is irregular, perhaps erroneous. Barry VS..
Frazier, No. II.
Held further that, the administrator in
such case by appointment and qualification
becomes party to the proceeding in Court.
Idem.
OBJECTION FOR PRoFERT.-It is too
late, after trial and verdict on an issue af
fecting the merits of a suit to o. iect that
an administrator has failed TO produce or
make pr0pert of his letters. Walsh vs..
Walsh, No. II.
ADMINISTRATOR FROM OTHER STATE.
An administrator from another State can
sue in his own name in this State ON a
contract made with him as administrator.
Idem.
0FFICIAL.-If necessary to maintain
sRit, an official description will be treated |
as descriptio persona.
APPEALS.
SPECIFIC. MATTER.-An appeal from |
specific matters in decree opens the case |
as to such matters only as are appealed !
from. Morrison vs.. Garth, No. Is.
ASSIGNMENT.
NOTICE oF.-Notice of an assignment of |
a negotiable chose in action is necessary To |
pass title as against punishment. CClod- !
furter VS.. Cox, Sneed, p. $50, approved
Lambeth VS.. Clark, No. 80.
NOTICE TO MUNICIPAL OFFICER.-Tftbe
chose be due from corporation the notice
10 an officer not connected with the dDtv of
making payment, or subject to be secured
with process, will not avail Id.
ASSUMPSIT.
BY PRESUMPTIvE OWNER.-Tbe can
ain of a steamboat may upon the presumt,-
ion that he is owner, arising from his nos
session, maintain GSslDlpsit for goods de-
ivered by mistake to the consignment of
'ther goods and sold by such consignee,
Hill VS. Talmadge, No. 8.