New York Term Reports of Cases Argued and Determined in the Supreme Court of that State. [1803-1805], Τόμος 2Isaac Riley & Company no.1, City-hotel., 1805 |
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Αποτελέσματα 1 - 5 από τα 88.
Σελίδα 7
... , you shall not set up the pursuing your own contract in or- der to defeat it . The court is aware that with us , till a very Nesbit v . Lus . E. 783 . hington , 4 D. & V. P. N. Smith . Stitty . War- dell , OF THE STATE OF NEW - YORK .
... , you shall not set up the pursuing your own contract in or- der to defeat it . The court is aware that with us , till a very Nesbit v . Lus . E. 783 . hington , 4 D. & V. P. N. Smith . Stitty . War- dell , OF THE STATE OF NEW - YORK .
Σελίδα 11
... contract . So here , if the port was blockaded , the insurer is discharged , though the detention from the fever be a loss within the policy . But if it be not , and the putting into Cadiz was the effect of necessity , we allow it was ...
... contract . So here , if the port was blockaded , the insurer is discharged , though the detention from the fever be a loss within the policy . But if it be not , and the putting into Cadiz was the effect of necessity , we allow it was ...
Σελίδα 15
... contract be- ing in a gross sum , and not so much per barrel , or cask . In these cases therefore , as there is no apportionment , the whole being due on arrival at the port of delivery alone , May , 1804 . D. Williams V. P. N. Smith OF ...
... contract be- ing in a gross sum , and not so much per barrel , or cask . In these cases therefore , as there is no apportionment , the whole being due on arrival at the port of delivery alone , May , 1804 . D. Williams V. P. N. Smith OF ...
Σελίδα 16
... contract for freight was by bill of lading and not by way of charter party under seal is immaterial , as would seem from the reasoning in Cooke v . Jennings , 7 . D. & E. 381. 1 Bronlow , 21. * The only exceptions to this rule are ...
... contract for freight was by bill of lading and not by way of charter party under seal is immaterial , as would seem from the reasoning in Cooke v . Jennings , 7 . D. & E. 381. 1 Bronlow , 21. * The only exceptions to this rule are ...
Σελίδα 22
... contract of this kind , that an account be given to the underwriters of material fact , which enhances the risk . This ac- P. N. Smith . count , in other words , should be exact and complete , be- cause the insurer computes his risk by ...
... contract of this kind , that an account be given to the underwriters of material fact , which enhances the risk . This ac- P. N. Smith . count , in other words , should be exact and complete , be- cause the insurer computes his risk by ...
Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
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
Δημοφιλή αποσπάσματα
Σελίδα 118 - The judge overruled the objection, and a verdict was taken for the plaintiff by consent, subject to the opinion of the whole court.
Σελίδα 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...
Σελίδα 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...
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.