Page:Black's Law Dictionary (Second Edition).djvu/23

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

ACCESSORY OBLIGATION 15 both parties on their own accounts, or in the several qualities they assume. An accessory contract is made for assuring the perform- ance of a. prior contract, either by the same parties or by others; such as suretyshlp, mortgage, and pledge. Ci\i.l Code La. art. 1771

{{anchor+|.|ACCESSORY OBLIGATION. In the civil law. An obligation which is incident to another or principal obligation; the oblig.illou of 21 surety. Poth. Obi. pt. 2. c. 1, § 6.

In Scotch law. Obligations to antecedent or primary obligations, such as obligations to pay interest, etc. E1-sk. Inst. lib. 3, tit. 3, § 60.

{{anchor+|.|ACCIDENT. Au unforeseen event, occurring nithout the Will or design of the person whose mere act causes it; an unexpected unusuui, or undcsigned occurrence; the effect of an unknown cause, or, the cause being known, nu unprecedented consequence of it; a casualty. Burkhard v. Tr- elex ' Ins. Co.. 102 Pa. 262, 48 Am. Rep. 2 Elna L. Ins. Co. v. Vanzlecar, 86 Fed. 28... 30 C. C. A. 48: Carnes v. Iowa Traveling llen‘s Ass'n. 106 Iowa. 281, 76 N. W. 683, 68 Am. St. Rep. 306; Atlanta Acc. Ass'n v. Alexander, 104 Ga. 700. 30 S. E. 939. 42 L. R A. 188: Crutchfield v. Richmond & D. R. Co., 76 N. C. 320; Dozier v. Fideilty It Casualty Co. (C. C.) -46 Fed. 446. 13 L. R. A. 114: Fidelity & Casualty Co. v. Johnson. 72 Miss, 333. 17 South. 2. 30 L. R. A. 200.

In its proper use the term excludes negligence: that is, an accident is an event which occurs without the fault, carelessness, or nant of proper circumspection of the person attected, or Vl'l.Il(l.I could not have been avoided by the use of that kind and degree of cure necessary to the exigency and in the drcltuistancos in which be was placed. Brown v. Iicndall. 6 Cush. ll\Inss.) 32: United States v. Boyd (f‘ (C) Fed. S«"'>l-, Armijo v. Abeytia. 5 N. M. 5"‘ Par 77 ' St. Louis. clc.. R. Co. . ' nrnett, 65 Ark. 0: Aurora Branch R.

. v. I cs, 13 IlL 5. But see Schneider v_ Provident L. Ins. Co.. 24 Wis. 28, 1 Am. Rep. 157.




In equity practloe. Such an unforeseen event. misfortune, loss, act, or omission as is not the lesult of any negligence or misconduct in the party. Fran. Max. 87; Story, Fl]. Jur. § 78.

The meaning to be attached to the Word "accident" in relation to equitable relief, is any unforeseen and nndeslgned event, productive of disadvantage. W'l.larton.

An accident rellevable in equity is such an occurrence, not the result of negligence or misconduct of the party seeking relief in re- lution to a contract, as was not anticipated by the parties when the same was entered into, and which gi\ es an undue advantage to one of them over another in a court of law. Code Ga. 1882, § 3112. And see I-lostwick v. Stiles. 35 Conn. 195; Kopper v. Dyer, 59 Vt. 477, 9 Ati. 4, 59 Am. Rep. 742; Magann


v. Segal, 92 Fed. 252, 34 C. C. A. 323; Bucki, etc.. Lumber Co. v. Atlantic Lumber Co.. ill Fed. 1. 53 C. C. A. 513: Zimmerer v. Fremont Nat. Bank, 59 Neb. 661, 81 N. W. 849; Pickering v. Cassldy, 93 Me. 139. 44 Atl. 683.

In marithne law and marine insur- ance. “Accidents of navigation" or “accl- dents of the sea" are such as are peculiar to the sea or to usual navigation or the netion of the elements, which do not happen

‘by the intervention of man, and are not to be C

avoided by the exercise of proper prudence. foresight, and skill. The Miletus, 17 Fed. Gas. 288; The G. {L Booth. 171 U. S. 450. 19 Sup. Gt. 9. 43 L. Ed. 234: The Carlotta. 5 Fed. Cos. 70; Bazln v. Steamship Co.. 2 Fed. Cas. 1,097. See also PEaILs or rm: SEA.

{{anchor+|.|ACCID]-IRE. Lat. To foil; fall in; come to hand; happen. Judgment is sometimes given uguinst an executor or administrator to be satisfied out of assets qumulo mm‘- dc7in.t,- L 6., when they shall come to hand.

{{anchor+|.|ACCION. In Spanish law. A right of action; also the method of judicial procedure for the recovery of properly or a debt. Escriche, Dic. Leg. 49.

Accipere quid nt justitinm facing, non est tam accipera quam extorquere. To accept anything as a reward for doing jus-


tlce is rather extorting than accepting. G

Lolft. 72.

{{anchor+|.|ACCIPITAR]-J. To pay relief to lords of runners. Capitali domino nccip-ifarc, i. e., to pay a relief, homage, or obedience to the

chief lord on becoming his vassul. I-‘letu, ii’b. 2. C. 50. {{anchor+|.|ACCOLA. In the civil law. One who

inhabits or occupies land near it place, as one who dwells by a river, or on the bank of B. river. Dig. 43, 13, 3, 6.

In feudal law. A husbandman; an agricultural tenant; a tenant of a manor. Spel- man. A name given to a class of viiletus in Italy. Barr. St. 302.

{{anchor+|.|ACCOMENDA. In maritime law. A contract between the owner of goods and the of a ship, by which the former intrusts the property to the latter to be sold by him on their joint account.

In such case, two contracts lake plnce: Fiist, the contract called vmzm-latuxm, by which the owner of the property gives the master power to dispose of it: and the contract of partnership, in virtue of which the profits are to be di- vided between them. One party runs the risk of losing his capital: the other, his labor. If the sale produces no more than fiist cost, the owner takes all the proceeds. It is only the Eofits xévgich are to be divided. Elnerig. Mar.

EBB, .

{{anchor+|.|ACCOMMODATION. An arrangement

or engagement made as a favor to another. not upon a consideration received; some-