ILLEGAL CONTRACTS, Ch. XXI., p. 548. And see VOID CONTRACTS.
at common law, 548.

crime, inducing to commit, void, 555.

foreign (Kaufman v. Gerson), 548.

in restraint of, or to procure, marriage, 563, 564.
in restraint of trade (Mitchel v. Reynolds), 557.
offices, for sale of, 564.

preferential, in bankruptcy, 568.

prejudicially affecting the revenue, 563.

presumption in favour of legality, 55.

preventing or impeding justice (Keir v. Leeman), 565.
compounding felony, 565.

or perjury, or other public misdemeanour, 565.

tending to create monopolies, 562.

to evade public statute, 572.

to fight, 571.

fraudulent contracts, 573. See FRAUD.

immoral contracts, 554.

maintenance and champerty, 568.

marriage brocage contracts, 564.

by statute, 584 et seq.

contracts for charging benefices, 596.

for sale of goods, 361.

for sale of offices, 595.

money lent for purposes of, rule as to, 522.

money paid on, when recoverable, 67.

parol evidence, illegality may be established by, 550.

penalty, matters prohibited under, 584.

presumption in favour of legality, 551.

ILLNESS,

performance of contract excused by (Robinson v. Davidson), 612.
except contract to marry (Hall v. Wright), 476, 477.

non-performance of condition precedent through, 619.

riding accident to jockey (Loates v. Maple), 619 (ƒ).

"IMMEDIATELY,"

construction of, in covenant, 90.

IM MORALITY,

action for price of printing immoral book cannot be maintained, 497.
contract for cohabitation void (Ayerst v. Jenkins), 4, 454.

of female plaintiff, defence to action for breach of promise, 476.

IMPLIED CONTRACTS, Ch. III., pp. 38, 73. And see index to Chap., p. 38.
"account stated," 70. See ACCOUNT STATED.

IMPOSSIBILITY,

distinction between inability and, 32.

natural or legal, of consideration, effect of, 31, 32.
when excuse for non-performance of contract, 608.

arising from fire, frost, or strike, 608, 609.

perishing of subject-matter of contract (Taylor v. Caldwell), 609.
Sale of Goods Act, 341.

seats for view of procession (Krell v. Henry), 610.

illness of contracting party (Robinson v. Davidson), 612.
law, act of, 611.

IN PARI DELICTO POTIOR EST CONDITIO DEFENDENTIS, 551.

INADEQUACY OF CONSIDERATION,

not considered by Court, 21.

INCAPACITY TO CONTRACT. See CAPACITY TO CONTRACT.

nature of, and its effects upon contracts, 140.

INCHOATE INSTRUMENTS,

effect of, by Bills of Exchange Act, 434.

signature, authority to fill up for any amount which stamp will cover, 434.

INCIDENTAL ACT,

promise to do, when implied, 41.

INCONSISTENT CLAUSES,

the earlier amongst prevails, 96.

INDEMNITY, Ch. XVII., p. 447. -

between wrong-doers, none (Merryweather v. Nixon), 50.

bills of exchange in, 438, 449.

consideration for, 448, 454.

costs, right of party indemnified to, 450.

express includes implied promise of, 450.

implied promise of, cases in which it exists, 449.

surety's right of, 469.

against the principal, 469.
against a co-surety, 456, 469.

INDORSEMENT,

of bill of lading, effect of, 427.

of bill of exchange, effect of, 438.

INFANCY, Ch. VII., s. 4, p. 144.

contract during, except for necessaries, voidable, 173.

Infants' Relief Act, 1874, text of, 173.

to what extent contracts void by, 174.

INFANT, Ch. VII., s. 4, p. 140.

account stated against, void, 173.

acknowledgment, can give, to stop Statute of Limitations running, 154.
agent, can be, 225.

apprentice, liability of, 148.

not liable on covenant not to serve other master, 148.

arbitration agreement does not bind, 153.

bailee, criminal liability of, 156.

bankrupt, cannot be made (R. v. Wilson), 154.

bill of exchange by, not liable on, 154.

building society, may be member of, 150.

mortgage by, to, void (Thurstan's Case), 150.

bond by with penalty, not liable on (Corpe v. Overton), 155.
cognovit by, void, 155.

company, may be shareholder in, 155.

766

INFANT-continued.

compromise by, may be set aside, &c., 152.
contracts by, void by Infants' Relief Act, 144.
text of that Act, 144.

its meaning (Duncan v. Dixon), 144,

covenant not enforced against, 155.

except where no penalty, 155.

criminal liability of, as bailee, 156.

discovery cannot be obtained from (Curtis v. Mundy), 152.
employment of, contracts for, effect of, 148.

infant may contract out of Employers' Liability Act, 149.
fraudulent representation of full age, effect of (Bartlett v. Wells), 145.
fresh promise when adult, 157.

guardian of, liability of, 158.

horse hiring, 156.

injunction will not be granted against serving other master, 148.
innkeeper, not liable as, 154.

interrogatories cannot be administered to (Mayor v. Collins), 152.

jointly sued on joint contract, 156.

leases to, 149; by, 150.

loan to, contract of adult to pay, void, 145.

marriage, age for (boy 14, girl 12), 478.

marriages within these ages voidable only, 478.

promise of by, voidable, 157.

cannot be ratified, 157.

can be sued on by infant, 157.

fresh promise when adult valid, 157.

marriage settlement by, 151.

repudiation of, 152.

necessaries for, contract by, good, 144, 146.

circumstances considered in determining what are, 146.

parent or guardian of, liability of, 158.

pawnbroker may not take pledge from, under twelve, 161.
premium for apprenticeship, liability of, 148.

for lease, liability of, 149.

railway company, waiver of right to sue, 155.

void by Infants' Relief Act, 157.

ratification after full age of promise made, when, 157.

release by, voidable at least, 155.

rent, liable for, 147.

shareholder in company, liability of, 151.

stepfather of, liability of, 159.

tort, liability of, for, 156.

except where action ex contractu, 156.

trader, non-liability of, 153.

wages of, stoppage of, contract allowing, void, 149.

warranty of, not liable on, 155.

wife or children of, necessaries for, 147.

INNKEEPER,

duty of, as to entertaining travellers, 380.

may exclude dog (Reg. v. Rymer), 380.

determination of sojourn as traveller (Lamond v. Richard), 380.
night use of coffee-room need not be given, 380.

infant not liable as, 154.

inn, boarding-house keeper does not keep, 376 (c).
liability of, for loss of or injury to goods of guest:
at common law (Calye's Case), 376.

saving for defaults of guest, 377.

INNKEEPER-continued.

liability of, for loss of or injury to goods of guest-continued.
limitation of, by Innkeepers Act, 1863, to 30l., 37S.
saving for neglect of innkeeper, 378.

or express deposit, 379.

copy of Act, s. 1, must be exhibited (Spice v. Bacon), 379.
lien of, on goods of wife of guest (Gordon v. Silber), 379.

sale of, power of, under Innkeepers Act, 1878...379.

after six weeks without payment of bill, 379.

one month's advertisement of sale, 380.

sickness of, does not excuse, 377 (g).

INSANITY, 141. See LUNACY.

INSOLVENT DEBTOR,

meaning of " insolvent," 89.

in Sale of Goods Act, 339.

right of unpaid seller to stop in transitu, 355.

INSTALMENTS,

buyer not bound to take delivery by, 352.

unless otherwise agreed, 352.

effect of contract for delivery by, 352.

INSURANCE, Ch. XX., s. 3, p. 528.

assignee of life or marine policy of, may sue thereon in his own name, 529.
condition precedent to recovering, 528.

definition of, 528.

effect of concealment of material facts in contracts of, 576.

fire and marine contracts of indemnity (Darrell v. Tibbits), 528.
expenditure of insurance money in rebuilding, 529.

gambling insurance, void, 528.

insurable interest, what is (Lucena v. Crawford), 528.

life, not contract of indemnity (Dalby v. India, &c., Co.), 528.

material fact, what is, in contracts of, 578 (r).

married woman may insure her own or husband's life, 192.
policy not subject to debts, 192.

or assignable, 192.

novation with life company must be in writing, 725.

stamp on assignment of life policy, 529.

no payment to claimant without, 529.

subrogation in, 529.

INTENTION,

of parties, contract must be construed according to, 86.

to contract, presumption as to continuance of, when offer by letter, 15.
when Court will look dehors the instrument to discover, 96.

mutual, frustrating of, rectification for, 727.

INTERESSE TERMINI,

lessee before entry has, 309.

INTEREST, Ch. XX., s. 2, p. 525.
bills of exchange, on, 439, 525.
compound, when allowed, 526.

on judgments, 527.

Sale of Goods Act does not affect right to recover, 359.

usage of trade as to, 526.

usurious, abolition of prohibition of, 552.

no effect of, on sale of reversion, by catching bargain, 552.

when recoverable at common law, 526.

by agreement or custom, 526.

under Civil Procedure Act, 1833, s. 28 (3 & 4 Will. 4, c. 42)...527.
by verdict of jury, 529.

INTEREST IN CONTRACT,

director of company disqualified by, 266.

town, county, district, or parish councillor disqualified by, 274.

education committeeman disqualified by, 275.

under Public Health Act, officer may not have, 275.

officer having, may not recover on contract, 275.

INTEREST IN LAND,

provisions of Statute of Frauds as to contracts for, 76, 77.

what interests within these provisions, 296.

sale of debentures, 297.

agreement for easement, 297.

wife's oral promise to repay husband purchase-money of house for joint
occupation, not within Statute (Boston v. Boston), 297.

INTERLOCUTORY ORDER,

of court of law, action does not lie on, 42.

but lies on final order in interlocutory proceeding, 42.

INTOXICATING LIQUORS,

bought for consumption on premises, price irrecoverable, 144.
spirits, if value less than twenty shillings, 144.

IOU,

and contracted for at one time, 144.

ale, porter, cider, perry, comprised without restriction, 144.
wine not comprised at all, 144.

not evidence of money lent if holder's name not mentioned, 522.
prima facie evidence of an account stated, 70.

when stamp necessary on, 127.

interruption of services of, by riding accident (Loates v. Maple), 619 (ƒ).

JOINT CONTRACTOR,

contract by several, when to be construed as joint, 103.

co-contractors have a right to be sued together, 103.

judgment against one bars action against others (Kendall v. Hamilton),
103, 654.

except where on cheque for joint debt (Drake v. Mitchell), 104.

effect of guarantee of firm, 456.

infant being, action should be brought against adult only, 156.
partnership, rules as to, 253.

release by one, effect of, 648.

to one, effect of, 649.

JOINT STOCK BANK OR COMPANY, 260, 261. See BANK OR COMPANY.

JOINT TENANT,

does not bind his companion by holding over (Draper v. Crofts), 314.
joint tenancy does not create partnership, 252.