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 100.
Σελίδα 4
... recover for a total loss . 4. That if the cargo was injured exceeding a moiety of its value at the time of abandonment , the right of the plaintiff would be the same . 5. That any damages which arose in consequence of the fever at Cadiz ...
... recover for a total loss . 4. That if the cargo was injured exceeding a moiety of its value at the time of abandonment , the right of the plaintiff would be the same . 5. That any damages which arose in consequence of the fever at Cadiz ...
Σελίδα 11
... a peril within the policy . 3. Because , at any rate , the plaintiffs are only entitled to recover , as for a partial loss . * See his Q J. P. lib . 1 ch . 11. accord . 1 NEW YORK , May , 1804 . D. Williams OF THE STATE OF NEW - YORK . 11.
... a peril within the policy . 3. Because , at any rate , the plaintiffs are only entitled to recover , as for a partial loss . * See his Q J. P. lib . 1 ch . 11. accord . 1 NEW YORK , May , 1804 . D. Williams OF THE STATE OF NEW - YORK . 11.
Σελίδα 14
... recover with respect to the ship herself . 4. That the freight was totally lost by the voyage to Al- giers , & c . being defeated , as no part of it became payable until the cargo was delivered there . 5. That if the ship earned a pro ...
... recover with respect to the ship herself . 4. That the freight was totally lost by the voyage to Al- giers , & c . being defeated , as no part of it became payable until the cargo was delivered there . 5. That if the ship earned a pro ...
Σελίδα 15
... recover . Every reason which will operate in our favor , on the vessel , can with equal efficacy be applied to the freight , for this is to be support- ed only on the principle of ownership . If we have a just de- mand for any freight ...
... recover . Every reason which will operate in our favor , on the vessel , can with equal efficacy be applied to the freight , for this is to be support- ed only on the principle of ownership . If we have a just de- mand for any freight ...
Σελίδα 16
... recover from the underwriter also . It must be supposed that the purchaser took the Prosper with her incumbrance , like mortgaged lands . The maxim of caveat emptor shews this , and at all events as the plaintiff was on the spot when ...
... recover from the underwriter also . It must be supposed that the purchaser took the Prosper with her incumbrance , like mortgaged lands . The maxim of caveat emptor shews this , and at all events as the plaintiff was on the spot when ...
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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.