Reports of Cases Argued and Determined in the Circuit Court of the United States for the First CircuitCharles C. Little and James Brown, 1842 |
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administratrix Admiralty admitted agent agreement alleged amount answer applied argument ASSUMPSIT authority bill Blagge Boston bottomry Byam cargo cause cent charge circumstances claim claimant clause collector common law contract counsel Court Courts of Equity damage decree defendant devise District doctrine duty entitled equity et ux evidence execution fact fisheries foreign forfeiture Forrestier fraud freight Gideon guaranty Hatch heirs held illegal intention interest inventor Jeremiah Hatch John JOSEPH STORY Judge judgment jurisdiction jury Kennebec river land letter of credit liable libellant lien loss Lyman matter ment opinion original owner paid parties patent payment plaintiff port present Probate proceeds question real estate received Rhode Island Rufus K rule Russell Russell & Co schooner seisin seizure ship statute Stimpson suit supercargo tenant testator thereof Tidd timber tion tract underwriters United vessel void voyage Warren Insurance Company whole words writ
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Side 122 - That every contract made for or about any matter or thing which is prohibited and made unlawful by any statute is a void contract, though the statute itself doth not mention that it shall be so, but only inflicts a penalty on the offender, because a penalty implies a prohibition, though there are no prohibitory words in the statute...
Side 447 - ... 4 Kent Com. (6th ed.) 335. And Mr. Justice Story, in Blagge v. Miles, gives three classes which "have been held to be sufficient demonstrations of an intended execution of a power: (1) Where there has been some reference in the will, or other instrument, to the power ; (2) or a reference to the property which is the subject on which it is to be executed; (3) or where the provision in the will or other instrument, executed by. the donee of the power, would otherwise be ineffectual, or a mere nullity...
Side 215 - In this class of cases the plaintiff is held to stringent rules of pleading and evidence; ''and especially must there be distinct averments as to the time when the fraud, mistake, concealment or misrepresentation was discovered, and what the discovery is, so that the court may clearly see whether, by ordinary diligence, the discovery might not have been before made.
Side 501 - ... and of the several and respective heirs male of the body and bodies of all and every such son and sons...
Side 553 - From the variety of cases relative to judgments being given in evidence in civil cases, these two deductions seem to follow as generally true, First, that the judgment of a court of concurrent jurisdiction, directly upon the point, is, as a plea, a bar, or as evidence, conclusive between the same parties, on the same matter, directly in question in another court.
Side 290 - ... original inventor, and shall have no legal or just right to claim the same, in every such case the patent shall be deemed good and valid for so much of the invention or discovery as shall be truly and...
Side 293 - But no such disclaimer shall affect any action pending at the time of its being filed, except so far as may relate to the question of unreasonable neglect or delay in filing it.
Side 625 - For thy comfort and encouragement, cast thine eyes upon the sages of the law that have been before thee, and never shalt thou find any that hath excelled in the knowledge of the laws but hath sucked from the breasts of that divine knowledge, honesty, gravity, and integrity...
Side 289 - That whenever, by mistake, accident, or inadvertence, and without any wilful default or intent to defraud or mislead the public, any patentee shall have in his specification claimed to be the original and first inventor or discoverer of any material or substantial part of the thing patented, of which he was not the first and original inventor, and shall have no legal or just right to claim the same, in every such case the patent shall...
Side 446 - All the authorities agree that it is not necessary that the intention to execute the power should appear by express terms or recitals in the instrument. It is sufficient that it shall appear by words, acts, or deeds demonstrating the intention.