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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893 Excerpt: ...the agent than that he had received a telegram, w: ch, if correct, authorized the charter. A quantity-surveyor was mployed by an architect to take out quantities for a building; a builder tendered for the work upon a specification which embraced the clause: To provide for copies of quantities and plans, 25 guineas to be paid to the surveyor out of the first certificate; his tender was accepted, and he received the first installment of the price from the owner. In a suit by the surveyor against the builder for the 25 guineas, evidence was allowed of a usage that the builder whose tender was accepted was liable to the surveyor for the amount due for the quantities, but if no tender was accepted the building-owner or architect was liable.1 Where a railroad company accepted goods addressed to a point beyond its terminus, and gave a bill of lading for carriage to its terminus, evidence was admitted of a custom to deliver to a connecting carrier.2 7. In Richmond v. Union Steamboat Co., 87 N. Y. 240, the court approved proof of a custom at Buffalo, that when grain was shipped in the same vessel to different consignees, each was at liberty to designate the elevator for the discharge of his portion, and the carrier was bound to discharge it there. 8. In Sims v. United States Trust Company, New York Supreme Court, 35 Hun, 533, there was deposited with the defendant corporation by Crowell, an agent of J. Marion Sims, a check for $5,000, drawn by the said Sims to the order of the defendant corporation. A certificate of deposit was issued by the defendant acknowledging the receipt of the said amount from Crowell, in trust for J. Marion Sims, and making it payable to Crowell in trust. Crowell having subsequently drawn out the money and converted it to hi...

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