New York Term Reports of Cases Argued and Determined in the Supreme Court of that State. [1803-1805], Volum 2Isaac Riley & Company no.1, City-hotel., 1805 |
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Side 13
... liable on sel and the 14th of October , when she was blown to sea , and his policy de- ducting the a- the second , between that day and the 15th of November , ) mountfor which the vessel sold , were to be considered separately , in ...
... liable on sel and the 14th of October , when she was blown to sea , and his policy de- ducting the a- the second , between that day and the 15th of November , ) mountfor which the vessel sold , were to be considered separately , in ...
Side 14
... liable to account to the defendant for the value of the ship at the time she was seized and sold at Cadiz , the amount of which sale shews her value . 3. That the plaintiff has a right to be reimbursed the monies expended in repairing ...
... liable to account to the defendant for the value of the ship at the time she was seized and sold at Cadiz , the amount of which sale shews her value . 3. That the plaintiff has a right to be reimbursed the monies expended in repairing ...
Side 16
... liable to us , and therefore ought to pre vent his recovery . It has taken from us the subject mat- ter of insurance , which after abandonment he ought to have protected ; for if the bottomry was not a lien subsist- ing , the ship might ...
... liable to us , and therefore ought to pre vent his recovery . It has taken from us the subject mat- ter of insurance , which after abandonment he ought to have protected ; for if the bottomry was not a lien subsist- ing , the ship might ...
Side 17
... liable for the whole , though the subject matter was lost to him and that by the act of the insured himself ; a fortiori here where it was by a € NEW - YORK , third person . * The policy OF THE STATE OF NEW - YORK . 17.
... liable for the whole , though the subject matter was lost to him and that by the act of the insured himself ; a fortiori here where it was by a € NEW - YORK , third person . * The policy OF THE STATE OF NEW - YORK . 17.
Side 21
... , and that if the plaintiff be entitled to recover at all , the verdict is right : but I cannot think the defendants are liable for any thing on this policy , NEW - YORK , May , 1804 . D. Williams OF THE STATE OF NEW - YORK . 21.
... , and that if the plaintiff be entitled to recover at all , the verdict is right : but I cannot think the defendants are liable for any thing on this policy , NEW - YORK , May , 1804 . D. Williams OF THE STATE OF NEW - YORK . 21.
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New York Term Reports of Cases Argued and Determined in the Supreme ..., Volum 2 New York (State). Supreme Court,George Caines Uten tilgangsbegrensning - 1814 |
New York Term Reports of Cases Argued and Determined in the Supreme ..., Volum 2 New York (State). Supreme Court,George Caines Uten tilgangsbegrensning - 1805 |
Vanlige uttrykk og setninger
action affidavit affigned affured afide againſt ALBANY alfo appear apply ASSUMPSIT attorney Auguft award barratry becauſe bill bill of lading blockade bond bottomry brokers Cadiz cafe captain cargo caſe caufe cauſe certiorari circumftances cofts commiffion confideration contract court covenant curiam delivered debt decifion declaration deed defendant defendant's Delafield demurrer eftate entitled evidence execution fact faid fame femb fendant fettled fhall fhew fhewn fhip fhould firſt fome fraud ftate ftatute fubject fuch fufficient fuit granted himſelf iffue indorfor infurance inſurance intereft Jackfon judge judgment jury liable lofs Lord Mansfield ment motion muft muſt neceffary NEW-YORK notice opinion owner parties partner payment perfon plaintiff plea pleaded poffeffion port prefent provifions purchaſe queſtion reaſon recover refide releaſe rule shew ſtate testimony thefe theſe thoſe tiff tion town of Hurley trial underwriter unleſs uſed veffel verdict vessel voyage warranty
Populære avsnitt
Side 118 - The judge overruled the objection, and a verdict was taken for the plaintiff by consent, subject to the opinion of the whole court.
Side 37 - ... person, at any time before such person became bankrupt, the said commissioners, or the major part of them, or the assignees of such bankrupt's estate, shall state the account between them, and one debt...
Side 42 - The consignor may stop goods in transitu before they get into the hands of the consignee in case of the insolvency of the consignee; but if the consignee...
Side 67 - Goods ; (2) or that the Sheriff shall deliver to him all the Chattels of the Debtor (saving only his Oxen and Beasts of his Plough) and the one half of his Land, until the Debt be levied upon a reasonable Price or Extent.
Side 71 - An owner cannot commit barratry. He may make himself liable by- his fraudulent conduct to the owner of the goods, but not as for barratry.
Side 59 - The question, therefore, must always be " whether there was, under all the circumstances at the time the policy was underwritten, a fair representation ; or a concealment ; fraudulent, if designed ; or, though not designed, varying materially the object of the policy, and changing the risk understood to be run.
Side 55 - ... action upon the case against him. But note: It behoveth that he warrant it to be good, and the horse to be sound, otherwise the action will not lie. For if he sell the wine or horse without such warranty, it is at the other's peril, and his eyes and his taste ought to be his judges in the case; 26 H.
Side 264 - I find it laid down, that, where a ship is obliged to put into port for the benefit of the whole concern, the charges of loading and unloading the cargo and taking care of it, and the wages and provisions of the workmen hired for the repairs, become general average.
Side 54 - I see no injustice or inconvenience resulting from this doctrine, but, on the contrary, think it best calculated to excite that caution and attention which all prudent men ought to observe in making their contracts. I am therefore of opinion with the defendant, on the first point, which renders it unnecessary for me to examine the other question raised on the argument.