Reports of Cases Adjudged in the Supreme Court of Judicature of the State of New York: From January Term 1799 to January Term 1803, Both Inclusive: Together with Cases Determined in the Court for the Correction of Errors During that Period, Volume 1Banks, Gould, 1846 - Law reports, digests, etc |
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Page 3
... respect to the re- maining cargo on board , the judge of the said court de- creed as follows : " From the peculiarity of the marks , the initial letters of the consignee and of Manuel Galbore de Silva , a Spanish passenger on board the ...
... respect to the re- maining cargo on board , the judge of the said court de- creed as follows : " From the peculiarity of the marks , the initial letters of the consignee and of Manuel Galbore de Silva , a Spanish passenger on board the ...
Page 4
... respecting the said goods , the same to be delivered up to the said claimant ; and , lastly , I condemn the claimant in the costs occasioned by the interposition of his claim . " The plaintiffs , on receiving intelligence of the capture ...
... respecting the said goods , the same to be delivered up to the said claimant ; and , lastly , I condemn the claimant in the costs occasioned by the interposition of his claim . " The plaintiffs , on receiving intelligence of the capture ...
Page 6
... respect to the second question , the reason of the rule requiring due disclosure of all facts , within the know- ledge of either party , is to prevent fraud , and encourage good faith . It is a principle of universal law , and ...
... respect to the second question , the reason of the rule requiring due disclosure of all facts , within the know- ledge of either party , is to prevent fraud , and encourage good faith . It is a principle of universal law , and ...
Page 10
... respect to which , I have met with no pertinent decision in the English law , I regret that I cannot give this opinion , without some he- sitation and difficulty , and I could have wished , that the usage and understanding of merchants ...
... respect to which , I have met with no pertinent decision in the English law , I regret that I cannot give this opinion , without some he- sitation and difficulty , and I could have wished , that the usage and understanding of merchants ...
Page 13
... respect- ing the nature of contraband goods ; but no instances of the particular application of those cases , even remotely analo- gous to the present , were given . Whether the articles al- leged to be contraband of war , were of a ...
... respect- ing the nature of contraband goods ; but no instances of the particular application of those cases , even remotely analo- gous to the present , were given . Whether the articles al- leged to be contraband of war , were of a ...
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Common terms and phrases
abandonment action admitted affidavit aforesaid Alen amount appears apply assignment assumpsit attorney bail bill bill of lading cargo cause co-parceners considered contract conveyance costs court court of chancery court of equity covenant Cowen Curiam damages debt declaration deed defendant delivered demand demurrer discharge disseisin ejectment endorser entitled evidence execution fact Falmouth fraud freight Gomez Gouverneur & Kemble granted ground Guen Havre de Grace held indigo insured intent Jackson ex Johns judge judgment jury justice land LANSING lease lessor liable Lopez Lord Lord Mansfield nonsuit notice opinion paid parties payment person plaintiff plea pleaded port possession premises principal proceedings proceeds promissory note purchasers question received recover refused Rivera rule seisin sheriff ship Sir William Johnson statute sufficient suit tenant term tion trial trust Van Alen verdict vessel voyage warranty Wend witness York
Popular passages
Page 216 - Within the age of twenty-one years ; or, 2. Insane ; or, 3. Imprisoned on a...
Page 157 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which shall hereafter be made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession...
Page 400 - ... for and in consideration of the sum of one dollar to him in hand paid by the said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is...
Page iv - Reports of cases adjudged in the Supreme court of judicature of the State of New York...
Page iv - BBOWN, of the said district, hath deposited in this office the title of a book, the right whereof he claims as author, in the words following, to wit : " Sertorius : or, the Roman Patriot.
Page 475 - The last class of contracts, implied by reason and construction of law, arises upon this supposition, that every one who undertakes any office, employment, trust or duty, contracts with those who employ or entrust him, to perform it with integrity, diligence, and skill. And, if by his want of either of those qualities any injury accrues to individuals, they have therefore their remedy in damages by a special action on the case.
Page 146 - This evidence was overruled, and a verdict was thereupon taken for the defendants. The plaintiff moved for a new trial, on the ground that the evidence last mentioned ought to have been admitted.
Page 164 - Payment of any Debt or Debts), shall be thereby given or made, such Devise, Legacy, Estate, Interest, Gift, or Appointment shall, so far only as concerns such Person attesting 'the Execution of such Will, or the Wife or Husband of such Person, or any Person claiming under such Person or Wife or Husband, be utterly null and void...
Page 157 - ... or subsequent purchasers in good faith ; and shall be conclusive evidence of fraud, unless it shall be made to appear, on the part of the persons claiming under such sale or assignment, that the same was made in good faith, and without any intent to defraud such creditors or purchasers.
Page 340 - The only difference between policies of assurance and other instruments in this respect, is, that the greater part of the printed language of them, being invariable and uniform, has acquired, from use and practice, a known and definite meaning, and that the words superadded in writing, subject indeed always to be governed in point of construction by the language and terms with which they are accompanied, are entitled, nevertheless, if there...