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 14
... tiff has a right to apply the proceeds of the cargo which he received , or so much as will be necessary for that purpose . On the part of the defendant , the points insisted upon , were , 1. That Cadiz was a blockaded port . 2. That the ...
... tiff has a right to apply the proceeds of the cargo which he received , or so much as will be necessary for that purpose . On the part of the defendant , the points insisted upon , were , 1. That Cadiz was a blockaded port . 2. That the ...
Side 19
... tiff was wholly ignorant . That while she lay at Cadiz , after all her repairs were made , though not until the plaintiff found that it was no longer in his power to pro- ceed on the voyage to Algiers for want of funds , and had ...
... tiff was wholly ignorant . That while she lay at Cadiz , after all her repairs were made , though not until the plaintiff found that it was no longer in his power to pro- ceed on the voyage to Algiers for want of funds , and had ...
Side 25
... tiff never took the house off his hands , though it was for the most part unoccupied , and had , by the courtesy of the de- fendant , been in some degree occupied by the plaintiff , who paid to Mrs. Bowne the rent for the three quarters ...
... tiff never took the house off his hands , though it was for the most part unoccupied , and had , by the courtesy of the de- fendant , been in some degree occupied by the plaintiff , who paid to Mrs. Bowne the rent for the three quarters ...
Side 26
... tiff , it is a question merely between landlord and tenant . Ant underletting , can never change the mesne tenant into a surety . It is settled , that to an action of debt on a lease , brought after a bankruptcy , for rent subsequently ...
... tiff , it is a question merely between landlord and tenant . Ant underletting , can never change the mesne tenant into a surety . It is settled , that to an action of debt on a lease , brought after a bankruptcy , for rent subsequently ...
Side 34
... tiff was indebt- uncertain , or unliquidated damages cannot be set off . It fendant at the must be such a claim , that for it , indebitatus assumpsit will time of plea lie . Freeman v . Hyatt . 1 Black . Rep . 394 Howlett v . Strick ...
... tiff was indebt- uncertain , or unliquidated damages cannot be set off . It fendant at the must be such a claim , that for it , indebitatus assumpsit will time of plea lie . Freeman v . Hyatt . 1 Black . Rep . 394 Howlett v . Strick ...
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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.