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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 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 Smith statute sufficient suit taken term testimony tion trial underwriter unless verdict vessel voyage warranty whole witness York
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 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 53 - 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.
Page 28 - Trustees of the Freeholders and Commonalty \ of the | Town of Huntington...
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 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.
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 56 - ... 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.