MARRIED WOMEN- continued. coverture comes within the words "persons under legal disabilities," 579. MEMORY, See DISABILITIES. legal, dates from time of Richard I., 6, note 5. MERCHANTS' ACCOUNTS, what are, 719. statutory provisions as to, 719. MISTAKE, money paid by, statute runs from date of payment, 133, note. possession of wrong land by, effect of, 660. see Pearce v. French, 661, note 2. see Bunce v. Bidwell, 662, note 1. see Enfield v. Day, 663, note. MONEY, lent on deposit of title-deeds recoverable in assumpsit, 52. and note. rule when there are two or more, 399. paid for another, statute begins to run on, when, 403. payable by instalments, statute begins to run on, when, 409. paid by mistake. See PAYMENT. paid by mistake, 410. paid where consideration has failed, 411. MONTH, meaning of, 130. calendar, usually meant, 130. in England, lunar or calendar, according to circumstances, 130. in contracts, how construed, 357, note 5. MORTGAGES, not barred because note is, 61, note. in New Hampshire, note not barred until mortgage is, 61, note. redemption of, barred as to person not party to foreclosure of, 140. of personal property, 140. remedy on, may be pursued in equity although debt is barred, 141, note. but not when mortgage is barred, 141. action to redeem, barred in equity, 141, note. action to annul, barred, when, 141, note. equitable, action for accounting under, barred, when, 145, note 1. recital of debt in, effect of, 268. presumed to have been paid, when, 426. not barred because note is, 545–548. rule that discharge of debt discharges mortgage does not apply, 545, note 9. see Hough v. Bailey, 546, note. MORTGAGOR AND MORTGAGEE, relation of, to property, 539-544 and notes. distinction between the debt and the mortgage, 545. limitations fixed in the several States, 548. when statute begins to run in favor of, or against the mortgagor, 550. effect of acknowledgment of mortgagor's rights by mortgagee, 552, 564. mortgagee in possession holds adversely, when, 551, 553, 564-567. how it may cease to be adverse, 564, 568, note 2. when mortgagor is in possession of part of the premises, 553. liability of mortgagee in possession, 553. Welsh mortgages, what are, 554. operation of statute on, 554. presumption of payment, 546, note 2, 555. part payment, effect of, 555. presumption, how rebutted, 546, note 2, 555-557 and notes. acknowledgment or new promise, effect of, 546, note 2, 557. fraud on part of mortgagee, effect of, 558. distinction between mortgage and lien for purchase-money, 558–561. see Bizzell v. Nix, 559. pledge and mortgage, distinction between, 561-563. see Huntington v. Mather, 561, note 1. discharge of mortgage debt, effect of, 563. absolute conveyance treated as mortgage, when, 568. may be shown to have been given as mortgage by parol evidence, 569. mortgage not barred because debt is, 545-548. note is simple contract, and mortgage a specialty, and statute applies in some States, mortgage falls with the debt, 545. in New Hampshire, note is kept on foot during life of mortgage, 550. equity adopts statute by analogy in case of mortgages, 551-552. mortgagee's possession, to defeat right of mortgagor to redeem, must be when mortgage is payable by instalments, 551. when mortgagee enters under agreement to pay himself from rents and MUNICIPAL ASSESSMENTS, presumed to be paid, when, 426, note 8. treated as judgments, 426, note 8. MUNICIPAL BONDS, legislature no power to shorten limitation upon, when, 42-43. statute may be set up by or against, 117. MUTUAL ACCOUNTS, statutory provisions as to, 714. MUTUAL ACCOUNTS- continued. what are, 715-718. merchants' accounts, 719. stated accounts, 720. N. NEGLIGENCE, when statute begins to run against actions for, 455. rule when person is liable over for, 455-456. in actions against public officers for, 456. NEW PROMISE, offer operates as, when, 180, note. to settle, effect of, 185, note. how may be established, 190, note 1. to settle, does not revive debt, 185, note. to pay, if debtor owes, but disclaimer, effect of, 192, note. see Perley v. Little, 192, note. to settle, when sufficient, 194, note. see Colledge v. Horn, 194, note. must be made before action brought, 196, note. see Bateman v. Pindar, 196, note. to settle, may be sufficient, 197, note. express, excludes all implied, 205. see Mills v. Wildman, 205. to pay in specific articles, effect of, 207, note. not to be extended by inference, 207, note. general, sufficient, when, 207, note. not to be implied from acknowledgments, when, 206–211. from unqualified acknowledgment, may be implied, 179-211 and notes. to raise promise, acknowledgment must be unqualified, 179, note. to pay all notes which can be produced, but denying that any exist, to settle, rules relating to, 215, note, 219, also note 4. see McClelland v. West, 219, note. see Bliss v. Allard, 219, note, to attend to debt, effect of, 215, note, 217. to examine and adjust, 215, note. to pay when able, 225, note. not to plead the statute, effect of, 228-229. conditional, effect of, 229-236. condition must be accepted, 229, note 5, 231, note 2, 232, note 2. see Wetzell v. Bussard, 229, note. see Seaward v. Lord, 230, note. see Tanner v. Smart, 230, note. see Davies v. Smith, 234, note. to pay as soon as possible, 233, note. to pay as soon as the debtor gets the money, 232. see Sedgewick v. Girding, 232, 234, note 1. as soon as money can be obtained from a certain source, 233. Betton v. Cutts, 234, note 1. prove it by A. and I will pay, 233. instances, 233–236. to pay if a certain business does not fail, 235. see Mumford v. Freeman, 235. promise to pay if interest is thrown off, effect of, 236, note 2. see McDonald v. Underhill, 236, note 2. to pay in Confederate money, 236. to pay "if I can," 236. hope to pay, 236, note, 237-239. see Lee v. Wilmot, 237. see dissenting opinion of Martin, B., 237, note 5. to pay less than is due, 238. See ACKNOWLEDGMENT. NEW PROMISE IN WRITING, what sufficient, 231, note 2, 256-270. see Chasemore v. Turner, 236. effect of statutes requiring, 258. what sufficient, 259. instances of, 259-266. must clearly refer to debt in suit, 261. distinction between absolute and qualified, 264. NEW PROMISE IN WRITING continued. -- amount need not be stated, 265. direction in will to pay, 266. debts due from corporations, who may make, 266. question of sufficiency of, for the court, 268. must bind debtor personally, 268, note 7, 269. NOTES, See ACKNOWLEDGMENT. do not discharge debt for which given, unless, 51, note 4. payable in one "month," calendar month is treated as intended, 130. executed for debt, but not accepted by creditor, will not renew the given up to debtor, effect of, 261, note 2. part payment by, effect of, 302. indorsements on, effect of, 303. evidence of part payment of, 303, note 1, 307-309. entitled to grace, rule as to when statute begins to run, 316, note 2. when given without interest, but separate instrument is executed agree- payable in labor, statute begins to run on, when, 330, note 3. bill of exchange accepted after maturity, statute begins to run, payable by instalments, statute begins to run, when, 360–361. when demand is necessary to put statute in motion, 352–382. bills payable on "sight," 356. payable "any time within two years," 358. in specific articles, 364. presentment of bill for acceptance, &c., rules relating to, 359, note 2. bills payable at particular place, 367. accepted after maturity, 368. subject to grace, 369–371. payable upon happening of a contingency, 371. action against indorser, 372. against acceptor, 372. against drawer, 372. goods sold on credit to be paid by note, 375. bank bills, 375. witnessed, rules relating to, 376, 378. under seal, presumed to have been paid, when, 426. though secured by mortgage, still remains a simple contract, 545. every continuance of, gives new cause of action, 457. |