Reports of Cases Argued and Determined in the Supreme Court of the State of New York: With Copious Notes and References, المجلد 2Banks' and Bros., 1885 |
طبعات أخرى - عرض جميع المقتطفات
عبارات ومصطلحات مألوفة
action admitted adverse possession affidavit agent Alaire appear application assigned assumpsit assured attorney award bankrupt barratry bill bill of lading blockade bond bottomry Bradt breach broker Cadiz Caines captain cargo cause certiorari circumstances claim contract costs count court covenant Cowp Curiam debt decision declaration deed defendant defendant's Delafield delivered the opinion demand demurrer discharge dollars endorser entitled evidence execution fact fendant fraud freight granted intended Jackson Johns judge judgment jury justice lands lessor liable LIVINGSTON Lord Mansfield loss matter ment motion Newkerk non est factum nonsuit notice owner paid parties partner payment person plaintiff plea pleaded port possession principle proceedings purchase question reason received recover repairs rule sailing set-off sheriff ship statute statute of frauds suit tenant testator testimony tion town of Hurley trial underwriter verdict vessel voyage warranty Wend witness
مقاطع مشهورة
الصفحة 337 - We may lay it down as a broad general principle, that, wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it.
الصفحة 378 - By the practice as so established here, a defendant was entitled to move for judgment as in case of nonsuit, for not proceeding to trial...
الصفحة 162 - AN ACT,* for the forfeiture and sale of the estates of persons who have adhered to the enemies of this State, and for declaring the sovereignty of the people of this State in respect to all property within the same.
الصفحة 51 - This it does by requiring the purchaser to apply his attention to those particulars which may be supposed within the reach of his observation and judgment; and the vendor to communicate those particulars and defects which cannot be supposed to be immediately within the reach of such attention.
الصفحة 25 - Trustees of the Freeholders and Commonalty \ of the | Town of Huntington...
الصفحة 261 - Tenterden in his work on shipping, " if the damage to be repaired be in itself an object of contribution it seems reasonable that all expenses necessary, although collateral to the reparation, should also be objects of contribution; the accessory should follow the nature of its principal.
الصفحة 68 - 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 53 - ... 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 55 - ... days previous to the sale, did not amount to a warranty to the plaintiffs. To make an affirmation at the time of the sale, a warranty, it must appear by evidence to be so intended, and not to have been a mere matter of judgment and opinion, and of which the defendant had no particular knowledge. Here it is admitted, the defendant was equally ignorant with the plaintiffs, and could have had no such intention.
الصفحة 56 - Every fact and circumstance, therefore, which can possibly influence the mind of the insurer, in determining whether he will underwrite the policy, or at what premium, is material to be disclosed, and a concealment thereof will vitiate the policy.