Reports of Cases Argued and Determined in the Supreme Court of the State of New York [1803-1805]: With Copious Notes and References, Volume 2Banks & Bros., 1860 - Law reports, digests, etc |
Other editions - View all
Common terms and phrases
abandonment according action admitted affidavit agent agreement allowed amount appear application assigned assured authority award bill bond brought captain cargo cause charge circumstances claim common condition consideration considered contract costs count court damages debt decision deed defendant delivered demand determined directed dollars effect endorser entered entitled error evidence execution fact fraud give given granted ground held intended interest issue Jackson Johns judge judgment jury justice lands letter liable loss matter motion necessary notice objection opinion owner paid parties payment person plaintiff plea pleaded port possession present principle proceedings prove provisions purchase question reason received recover repairs respect rule sailing ship statute sufficient suit taken term testimony tion trial underwriter unless verdict vessel voyage warranty whole witness York
Popular passages
Page 28 - That the closes mentioned in the declaration, were the freehold of the trustees of the freeholders and commonalty of the town of Huntington, and that by their command and direction, he entered.
Page 67 - Except where special provision is otherwise made by law, real property adjudged to be sold must be sold in the county where it is situated, by the sheriff...
Page 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.
Page 379 - 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...
Page 163 - 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.
Page 263 - 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.
Page 20 - I take it to be a rule well settled, that where a ship by reason of any disaster, goes into a port short of the place of destination, and is unable to prosecute and complete the voyage...
Page 36 - ... an account shall be taken of what is due from the one party to the other in respect of such mutual dealings, and the sum due from the one party shall be set off against any sum due from the other party, and the balance of such account, and no more, shall be claimed or paid on either side respectively...
Page 70 - 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.