POT POTHIER, R. J. A Treatise on the Contract of Sale, translated from the French, by L. S. Gushing. 8vo. Boston. 1839. This translation is elegant and scholar-like, preserving all the force and beauty of the original, and may be depended upon for accuracy. "Pothicr has written admirable dissertations upon every species of ex- press and implied contracts, and amongst the rest, upon that of Insur- ance. He has considered his various subjects with so much clearness and perspicuity, and has produced so many apposite examples in support of the positions he adduces, that the)?^ greatly contribute to the advance- ment of the knowledge of this branch of jurisprudence. His style is at the same time manly, neat, and classical ; and well suited to didactic discourses." Upon questions belonging to commercial law, no foreign treatises are of greater authority both in the English and American courts than Pothier's. They are not cited as absolutely binding, but as the opinions of a very learned jurist. Lord Ellenborough characterizes Pothier as "a most learned and eminent writer upon every subject con- nected with the law of contracts, and intimately acquainted with the law merchant in particular." In a question which arose on a bill of exchange, Abbott, C. J. says; "when I find, therefore, that it is laid down in Pothier's treatise, that a party, who has given an acceptance, may erase it before the bill goes out of his hands, it affords a stronof argument in support of the view which I take of the question." Best, J. also remarks : "we ought, sitting here, to act according to the judg- ments of the courts in our own country ; but, in the absence of these authorities, we may, with great advantage, take into our consideration, the opinions of learned writers on this point. The authority of Pothier is expressly in point. That is as high as can be had, next to the deci- sion of a court of justice in this country. It is extremely well known, that he is a writer of acknowledged character; his writings have been constantly referred to by the courts, and he is spoken of with great praise by Sir William Jones." See 2 Dupin's Camus, 319, for an account of the different French editions of this author's works. A new one has just been published under the editorial care of M. Bugnet. 8 Rev. Etran. N. S. 21 ; Story's Agency, 630 n. ; Story's Bills, 21 ; Ifi East, 395; 3 Barn. & Aid. 402; (5) 480; 2 Bos. & Pul. N. R. 300; 1 A.J. 29; 8 Rev. Etran. 169; Intro. Park's Ins. 81 ; 2 L. R. 26; Mars. Ins. 21 ; Hoff. Leg. Stu. 536; 3 Kent, 347; Pref. Byles on Bills. A Treatise on Maritime Contracts of Letting (o Hire. Translated from the French, with a Life of the Author, by- Caleb Gushing. Svo. Boston. 1821. Mr. Cushing's translation is neat and accurate, and the notes which are added to the volume, are highly creditable to the industry and learn- ing of the author. 3 Kent's Com. 200, n. ; 12 A. J. 381 ; Hoff. Leg. Stu. 541. 579
