New York Term Reports of Cases Argued and Determined in the Supreme Court of that State. [1803-1805], المجلد 2Isaac Riley & Company no.1, City-hotel., 1805 |
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الصفحة 4
... abandonment at Cadiz , the defendant would also be entitled to a verdict ; but if the abandonment was previous to the seizure , the plaintiff would have a right to recover for a total loss . 4. That if the cargo was injured exceeding a ...
... abandonment at Cadiz , the defendant would also be entitled to a verdict ; but if the abandonment was previous to the seizure , the plaintiff would have a right to recover for a total loss . 4. That if the cargo was injured exceeding a ...
الصفحة 5
... abandonment . 4. That the seizure of the vessel having taken place sub- sequent to the abandonment , they did not consider it as af- fecting the plaintiff's right . To the case of the defendant , containing the antecedent circumstances ...
... abandonment . 4. That the seizure of the vessel having taken place sub- sequent to the abandonment , they did not consider it as af- fecting the plaintiff's right . To the case of the defendant , containing the antecedent circumstances ...
الصفحة 9
... abandonment ; the amount of expenses , outfits , charges , & c . are to be estimated , and if these make the ... abandon , which could not be affected by a subsequent seizure on the bond , by which she had been bottomed . The plaintiff ...
... abandonment ; the amount of expenses , outfits , charges , & c . are to be estimated , and if these make the ... abandon , which could not be affected by a subsequent seizure on the bond , by which she had been bottomed . The plaintiff ...
الصفحة 12
... And with respect to the amount of the damage , I see no reason to complain of the finding of the jury , that it a mounted to above one half , and justified the abandonment May , 180 4 . D. Williams P. N. Smith 12 CASES IN THE SUPREME COURT.
... And with respect to the amount of the damage , I see no reason to complain of the finding of the jury , that it a mounted to above one half , and justified the abandonment May , 180 4 . D. Williams P. N. Smith 12 CASES IN THE SUPREME COURT.
الصفحة 13
... abandonment port of necessi- there . That the wages and provisions during the detention where the in Cadiz were to be deemed general averages ; and lastly , ken up , will be that a pro rata freight was earned as far as Cadiz . 66 valued ...
... abandonment port of necessi- there . That the wages and provisions during the detention where the in Cadiz were to be deemed general averages ; and lastly , ken up , will be that a pro rata freight was earned as far as Cadiz . 66 valued ...
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عبارات ومصطلحات مألوفة
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
مقاطع مشهورة
الصفحة 118 - The judge overruled the objection, and a verdict was taken for the plaintiff by consent, subject to the opinion of the whole court.
الصفحة 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...
الصفحة 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...
الصفحة 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.
الصفحة 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.
الصفحة 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.
الصفحة 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.
الصفحة 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.
الصفحة 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.