New York Term Reports of Cases Argued and Determined in the Supreme Court of that State. [1803-1805], Volume 2Isaac Riley & Company no.1, City-hotel., 1805 - Law reports, digests, etc |
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abandonment according action admitted affidavit affigned againſt agent agreement ALBANY allowed amount appear apply arrival attorney authority award becauſe bill bond brought cafe captain cargo caufe cause charge claim cofts common condition confidered contract count court curiam damages debt decided deed defendant delivered demand determined directed effect entered entitled error evidence execution fact fame fhew fhould fraud fuch give given granted ground held infurance intended John judge judgment jury lands letter liable lofs loss matter ment motion muſt never NEW-YORK notice objection opinion owner paid parties payment perfon plaintiff plea pleaded poffeffion port Practice present principle proceedings prove purchaſe question reason received recover repairs rule ship taken term theſe thing tion trial underwriter veffel verdict vessel voyage warranty whole
Popular passages
Page 118 - The judge overruled the objection, and a verdict was taken for the plaintiff by consent, subject to the opinion of the whole court.
Page 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...
Page 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...
Page 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.
Page 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.
Page 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.
Page 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.
Page 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.
Page 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.
Bibliographic information
| Title | New York Term Reports of Cases Argued and Determined in the Supreme Court of that State. [1803-1805], Volume 2 New York Term Reports of Cases Argued and Determined in the Supreme Court of that State. [1803-1805], New York (State). Supreme Court |
| Authors | New York (State). Supreme Court, George Caines |
| Publisher | Isaac Riley & Company no.1, City-hotel., 1805 |
| Original from | Harvard University |
| Digitized | 19 Mar 2008 |
| Export Citation | BiBTeX EndNote RefMan |