Sidebilder
PDF
ePub
[blocks in formation]
[blocks in formation]

1. If a defendant read part of the answer of
the plaintiff to a bill of discovery, query,
whether the whole is made evidence.
Hoffman Seton v. Smith. 157
2. Weight of evidence is not always a reafon
for granting a new trial; yet if it ap-
pear that juftice has not been done, it
will be fo. Jackfon v. Sternberg, 162
3. A plaintiff who delivers to a constable a
writ against the defendant in his own
fuit, on which the defendant is taken
and imprisoned on the order of the
plaintiff, can not, in an action against
him by the defendant, for falfe impri-
fonment, give, under the general iffue,
the special matter in evidence, by way
of juftification, under the ftatute for
more eafy pleading in certain fuits, but
may do it in order to fhew that the de-
fendant was not arrested by his inftruc-
tions, but by virtue of a fuperior autho-
rity. Herrick v. Manly,
253
paper noticed to be produced, and cal-
led for, is evidence; and the party no-
ticing has not a right to first inspect it.
Lawrence Whitney a. Vanborne &
Clarkfon,

4. A

276
5. Copies of Letters, &c. remaining in a fo-
reign court of vice-admiralty, and duly
authenticated under the feal of the
court, when returned to a commiffion
iffued from the fupreme court, may be
read in evidence. Miller o. Living for,
349

6. Parol evidence cannot be received to
fhow that a deed stating a courfe for 36
chains was meant to exprefs only 29,
Fackfon, ex. dem. Putnam v. Bewen, 358
7. An affignment of property under the ab-
fconding debtors' act is evidence of in-
folvency in the debtor. Ten Eyck
Elmendorf. Tibbits,

427

8. Indorfing an appearance on a writ of a
term paft, is not evidence of an agree
ment that the proceedings fhall be con-

[blocks in formation]

Forcible Entry and Detainer.

1. An indictment for forcible entry and de-
tainer must state a feifin in the profecutor
at the time of the entry, and also fhew
an entry by the defendant. To entitle
to cofts it must appear that the party tra-
verfed the indictment. The fupreme
Court may award re-restitution. The
125
People v. Shaw,

Forfeiture.

See Intrufion, I. People 1.

Fraud.

See Bond, 1. Infolvent, 1.

Frauds, Statute of.

1. The statute of frauds does not require the
agreement to make a conveyance to be
fet forth in the declaration, in an action
for not conveying according to cove-
45
nant,

Freight.

See Average, 2.

French Intercourfe Bill.

See Infurance, 5.

G

Grant.

See Corporation, 2.

1. If the grant of a lot of land by deed, fpe-
cify the number of acres, with a refer-
ence to a map, the whole lot will pafs
according to the map, though the deed
fpecify fewer acres than the map gives.
Fackfon v. Deffendorf,

General Seffions.
See Indictment, 1,

493

[blocks in formation]
[blocks in formation]

I. Two perfons, including the mafter, are not
a fufficient crew for a veffel of 35 tons
from New-York to Edenton, in South
Carolina; and of this, if it appear in
evidence on the cafe made, the court
will judge. Dow v. Smith, 32
2. An adjustment, if made on a disclosure
and knowledge of all circumftances, is
never to be opened, except for fraud or
miftake in facts not known, ibid.
3. Information being received at the fame

time of a veffel's capture, re-capture,
and being carried into a port of the
country to which bound, takes away
the right to abandon. In fuch a cafe, if
fhe and her cargo be fold at auction, the
charges fall on the affured. Query,
whether newspaper information be fuch
on which an abandonment can be made?
Muir v. Un. In. Com.

49

4. If goods be fold at auction, to afcertain
their deterioration on a partial lofs, the
underwriter is liable ut femb.
5. If a veffel be driven by distress into a

ibid.

French port, where part of her cargo is
taken away by the officers of govern-
ment, and the prevented from taking
away her original loading, the may,
without incurring the penalty of the
French intercourfe bill, purchafe and
load with the produce of the country.
A paffport granted by any particular
country, to protect against its own
cruifers, is not a failing under the pro-
tection of the flag of the government
granting the paffport, fo as to ftamp a
national character, and break a warran
ty of neutrality. Jenks v. Hallett &
Borne,

60

6. In a policy on a veffel in a diftant port
from whence fhe is to fail, and stated to
be there on a certain day, "at and
from" mean the day on which the is
mentioned to be there, and the policy
takes effect from thence. It is not ne-
ceffary to disclose how long a veffel has
lain port antecedent to a policy. The
two per cent. deducted on a total lofs, is
in cafes of difafter a part of the premi-
um. Kemble v. Bowne,
7. All damages arifing immediately from a
jettifon are to be contributed for, tho'
they happen to perishable articles which
are enumerated in the memorandum
and remain in fpecie. Freight and veffel
are to be estimated in a general average
at the place where the one is paid, and
the other is at the time of fettling.
M'Grath & Higgins v. I. B. Church,

75

217

8. A general policy unaccompanied with any
warranty, covers, if made by a neuter,
war risks of all kinds, and against all
Under fuch circumstances
countries.

a falfe clearance is immaterial and need
not be disclosed. Seaworthiness is al-
ways implied, and never at the risk of
the underwriter. Barnwall v. Church,

217

9. Under a general policy on goods, the af-
fured need not disclose that his interest
is only of an undivided part, but may
recover according to his intereft. If a
veffel be captured and acquitted, the in-
furer is liable to the expenfes incurred in
profecuting an appeal interpofed against
the fentence condemning the affured in
cofts, and to obtain compenfation for
damages occafioned by plundering or
embezzling, though the expenfes fur-
país the amount of the underwriter's
fubfcription. Whether the expenfes in-
curred in an appeal be reasonable or not
is matter for a jury. Lawrence &
Whitney v. Van Horne Clarkson, 276
10. A representation that a man has been na-
turalized "fince" a particular time, does
mean that he has been fo "ever
not
288
Coulon v. Borne,
fince,"
11. If a veffel be rendered, by the perils infur-
ed against, unable to proceed with her
original cargo, it is a lofs of the voyage,
though the may be able to perform it
with another more buoyant. When a
veffel cannot be repaired for half her
value fhe may be abandoned. If a veffel
be duly abandoned, and refufed, and af-
ter a fale for the benefit of all concerned,
under an order of a court of admiralty,
pronouncing her not worth repairing,
fhe be bought in by a part owner fuper-

cargo, it is not a waiver of the aban-
donment, though on her arrival at her
home port the be fold at auction by the
affured for more than fhe coft, and he
at the time of action brought have the
proceeds in his hands. Nor need he
make a tender of her to the under-
writer when the arrives, nor of her pro-
ceeds after fale. Abbot v. Broome, 292
12. The implied warranty of feaworthiness
in a veffel is, that the fhall be able to
perform her voyage with the cargo with
which then loaded.

ibid.
13. If, after a veffel has been abandoned, she
arrive in port, and be there fitted out
by her former owners, and fent on ano-
ther voyage, it will be a waiver of the
abandonment. Saidler v. Church, (n.)

297

14. Receipt of freight earned by a veffel
abandoned is not a waiver of the aban-
donment if the underwriter did not ac-
cept. Abbot v. Broome,

292

15. A warranty of being the property of an
American citizen is proved by reputa-
Interest in
tion, employ and domicil.

a veffel, by a person who faw the origi-
nal register in the name of the owner,
when the was about to fail on the voy-
age infured. Interest in a cargo, by
knowing the articles bought by the
plaintiff, and fecing them go on board.
To prove an abandonment parol evidence
is admiffible, and it is not necessary to
give notice to produce the letter of
abandonment, to enable to fhew in evi-
dence the original of which it was a
copy. Peyton v. Hallett,

363
16. Neither an acquittal nor a reftitution of
goods prejudice an abandonment once
duly made. In cafe of a reftitution of
goods to an owner, at a port into which
a veffel is carried, he is not bound to
fend them on to their port of deftina-
tion. Though an adjustment made by
the agent of the out-door underwriters
does not conclude the infurer from
fhewing errors in it, if they do not dif-
fent, they are bound. Bordes v. Hallett,
445

17. If both infured and infurer in a policy
containing the ufual claufe of warranty
against contraband, know there is con-
traband on board, the warranty will ap-
ply only to the goods affured. Bowne
489
v. Shaw,
18. In a policy on commiffions on lawful
goods, the warranty on contraband is
not broken, though the affured be cap-
tain, and confignee of illicit articles,
fhipped on, board without the know-
ledge of the underwriter. De Pefter
Charlton. Gardner,

492

19. In judging whether a vessel has been loft in a voyage infured, the usual, and not the utmost length of fuch a voyage is the period on which the jury is to proceed. If two forms are given in evidence, on a policy for time, the one within and the other without the period, it is for the jury to say in which the lofs happened. An infurance on freight and cargo after a knowledge of a storm does not conclude the jury from finding the Brown veffel loft in a previous ftorm.

Kimberly v. Neilfon Bunker, 525 20. Property warranted to be neutral must not only have every document necessary to prove its neutrality, according to treaties and the law of nations, but it must not be accompanied with any papers to compromit its neutral character. If under fuch a warranty on goods, the outward cargo appear to have produced lefs than the homeward one coft, the affured in a voyage from a belligerent country muft fhew that the excels was derived from neutral funds. Blagge v. Un. In. Com. 549 21. If a commander of a convoy make a friendly capture of one of his convoy, it will not exonerate the underwriter, and is a cafe of abandonment as for a total lofs. Governeur & Kemble v. UnIn. Com. 592

[blocks in formation]
[blocks in formation]
[blocks in formation]
« ForrigeFortsett »