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 21
... Judgment was given in favour of the plaintiff on two other policies on this voyage ; the one on ship , and the other on cargo . I concur in all the points de- termined , except as to the effect of the bottomry on the in- surance , and ...
... Judgment was given in favour of the plaintiff on two other policies on this voyage ; the one on ship , and the other on cargo . I concur in all the points de- termined , except as to the effect of the bottomry on the in- surance , and ...
الصفحة 28
... Judgment must be entered on the verdict as found by the jury . And . 40 . A struck ju- ry will not be granted with- out affidavit , tho ' the oppo- John R. Livingston against the Columbian Insu- rance Company . Bogert , in behalf of the ...
... Judgment must be entered on the verdict as found by the jury . And . 40 . A struck ju- ry will not be granted with- out affidavit , tho ' the oppo- John R. Livingston against the Columbian Insu- rance Company . Bogert , in behalf of the ...
الصفحة 33
... judgment of law , the parties intended the American weight ; and , that in ascer- taining that , the standard difference of eight per cent . ought to be added to the weight in the bill of lading , and that the plaintiff is entitled to ...
... judgment of law , the parties intended the American weight ; and , that in ascer- taining that , the standard difference of eight per cent . ought to be added to the weight in the bill of lading , and that the plaintiff is entitled to ...
الصفحة 42
... , and not on the ground of 17 D. & E. 445. rescinding the contract . In the case of Lempriere v . 2D . & E.490 . Pasley , Justice Ashurst in delivering the judgment of the May , 1804 . Hunn , V. Bowne . court 42 CASES IN THE SUPREME COURT.
... , and not on the ground of 17 D. & E. 445. rescinding the contract . In the case of Lempriere v . 2D . & E.490 . Pasley , Justice Ashurst in delivering the judgment of the May , 1804 . Hunn , V. Bowne . court 42 CASES IN THE SUPREME COURT.
الصفحة 45
... judgment , and all subsequent proceedings , on affidavits be irregular , they will beset of the defendant's attorney and his clerk , stating notice of aside though retainer served at the office of the opposite attorney , which do not ...
... judgment , and all subsequent proceedings , on affidavits be irregular , they will beset of the defendant's attorney and his clerk , stating notice of aside though retainer served at the office of the opposite attorney , which do not ...
طبعات أخرى - عرض جميع المقتطفات
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.