170; Bank of New Hanover v. Bridges, 98 N. C. 67, 2 Am. St. Rep. 817. DURESS-WHAT CONSTITUTES.-To constitute duress, there must be a seizure of property, or arrest of the person, or a threat or attempt to do one or the other, or facts must be stated which tend to show or warrant the conclusion that such arrest or seizure could be avoided only by payment of the demand: Claflin v. Mc Donough, 33 Mo. 412, 84 Am. Dec. 54. See extended note to Hatter v. Greenlee, 26 Am. Dec. 374. DURESS BY THREATS.-To avoid a contract on the ground of duress per minas, the threats must be such as to strike with fear a person of common firmness and constancy of mind: Barrett v. French, 1 Conn. 354, 6 Am. Dec. 241; Cribbs v. Bowle, 87 Mich. 340, 24 Am. St. Rep. 168. INDEX TO THE NOTES. ALIMONY, allowance of, in suits for divorce, evidence of marriage, allowance of, in suits for divorce where the marriage is denied, discretion of court as to amount to be awarded, 25. ARSON, building, courthouse is a, 268. building, sawmill is not necessarily, 267, 268. building, structure fitted up as a school and engine-house is, 207. definition of, 266. definition of house in statutes respecting, 266, 267. house, a jail is, 267, 268. house, building used for manufacturing and selling goods, 268. house, demolished building is not, 268. house is any building capable of affording shelter to a human house is not restricted to dwellings, 266. house, outhouses and stables may be included in the term, 268. house, warehouses are included in the term, 268. schoolhouse, burning of, is, 267. warehouses, burning of, is, 267. ASSIGNMENT of part of a demand, 856. of choses in action, effect of when no notice is given, 35. notice, giving of, whether entitles second assignee to priority, 33-36. notice of, what obligations imposed upon the debtor by, 35. notice of, what sufficient, 35. notice of, when should be given, 31, 32. notice of, whether necessary to perfect assignee's title, 33, 34. payment made by a debtor without notice of, 35. priority between conflicting, how affected by notice given, 83, priority in time controls as between conflicting, 32, 33. second received without notice of the first, 31, 32. subsequent attaching creditors have no notice thereof, 83. ATTACHMENT, damages, depreciation in value of property, damages, measure of for wrongful, 669. ATTORNEYS AT LAW, purchases by, at judicial sales in which BANKS, directors of, duties of, 626. directors of, knowledge, when imputed to, 627. directors of. liability of, 626. directors of, negligence of, what is, 627. CARRIERS, negligence of, when renders them liable for goods CHATTEL MORTGAGES, selection of property by a mortgagee, CHILDREN, negligence of, 122. CHOSES IN ACTION, assignment of, effect of where no notice is assignment of, notice of, is necessary to prevent payment to the assignment of, notice of, what obligations are imposed on the debtor by, 35. assignment of, notice of, what sufficient, 36. assignment of, notice of, whether necessary to protect assignee's assignment of, payments made by debtor having no notice of, assignment of, priority, whether controlled by notice, 33, 36. assignment to different persons, priority over, whether will be COLLECTION, indorsement for, effect of, 614. CONSTITUTIONAL LAW, street improvements, statutes imposing CONTRACTS, acceptance of by third persons for whose benefit American rule respecting suits by third persons upon, benefits American rule respecting suits by third persons upon, limita- American rule respecting suits by third persons upon, reasons American rule respecting sults by third persons upon, states child, suits by on promise made to parents for the benefit of, consideration must move from the party entitled to sue upon, CONTRACTS for the benefit of third persons, right of the parties to rescind, 197, 198. husband and wife, promise of one for the benefit of the other, in favor of third persons, jurisdiction of equity to enforce for parent and child, promise of one for the benefit of the other, relationship of third persons to promisee, when will sustain ac sealed and unsealed, statutes abolishing distinction between, strangers may not sue upon where they are not parties either to the promise or the consideration, 176, 179. third persons, actions by upon can be sustained only where third persons, classification of cases in which they may sue third persons, creditors of partnership, whether may sue on a third persons for whose benefit are made, acceptance by, third persons from whom the consideration moves may sue third persons in whose favor are made must be those in whose third persons in whose favor are made, relations which will third persons in whose favor the contract is made, privity of third persons in whose favor trusts are created by may sue third persons, intent that may sue upon, 192. third persons, lessors whether may sue on contracts of sub- third persons, obligations in favor of which will support actions third persons, physician, whether may sue on contract made third persons, reasons for permitting suits by upon, 187. third persons suing upon are subject to the equities between the parties thereto, 202. third persons suing upon, difference between the English and CONTRACTS, third persons suing upon, English rule respecting, 176. third persons, suits by upon, states recognizing the English rule, third persons, taxpayers, whether may sue upon contracts be- third persons, to be benefited by need not be named therein, third persons, when deemed to be made for the benefit of, 192. to pay debts of another, when not within the statute of frauds, to pay debts of another, who may sue thereon, 199. under seal, third persons, whether may sue thereon, 205. CORPORATIONS, directors of, right of to deal with and purchase foreign, insurance, contracts of, by what law controlled, 648. insolvent, stockholders, rights of when they have been com- insurance, foreign, policies issued by, in violation of law, 677, stock, certificates of indorsed in blank are not negotiable, 67. DAMAGES, mental suffering as elements of, 318. punitive, when proper, 218. DEFINITION of "arson," 266. of "house," in statutes respecting arson, 266, 267. EMPLOYER AND EMPLOYE, remedies of the latter for his EVIDENCE, illegally obtained is nevertheless admissible, 279. FRAUDULENT TRANSFERS, creditors who may attack, 527. subsequent creditors, when may assail, 816. GRAND JURIES, members, irregularity in the number of, 508, HIGHWAYS, liability for towns and cities for defects in, 234, 235. |