Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

* Phelps v. Ball.–Tuille v. Musten.-Doe v. Roe.-&c.

Phelps against BALL.

A fi. fa. allowed to be amended after it was returned satisfied.

TUTTLE against MASTEN.

Narr. with two counts for £10 each before a Justice, concluding with damages to £10 only, no error.

Doe against Roe.

Feigned issued from chancery to try the fact of adultery. Confessions of the wife connected with other proof, and not fraudulently made, admitted.

Jones and CRAWFORD against Reed.

JUDGMENT before a justice against two joint debtors, when one only appeared, reversed. But see the Revised Act provides for this case.

Vredenburgh v. Hallet and Bowne.-Palmer, widow, v. Horton.—&c.

VREDENBURGH against HALLET and Bowne.

INTEREST allowed to be taxed after verdict, in cases where the original contract carried interest.

PALMER, Widow, against HORTON.

ATTAINDER of the husband, not a forfeiture of the widow's dower.

KEATING against Rice.

PAROL agreement allowed to enlarge the time of performing a simple contract in writing.

COVENHOVEN against SEAMAN and others.

In debt on recognizance conditioned to prove the freedom of a slave, and to prosecute a suit with effect, a judgment of nonsuit or the surrender and acceptance of the slave by the master, not a compliance with the condition.

SETON and MAITLAND against Low.

The terms lawful goods in a policy include contraband, and the contraband need not be disclosed. Vide Skidmore v. Desdoity and Juhel v. Rhinelander, post. VOL. III.

65

Ludlows v. Dale.—Ostrandor v. Davis. -Jackson v. Van Bergon.-&c.

Ludlows against Dale, (Paragon.)

A foreign sentence of an admiralty court is conclusive between the assurer and the assured.—(Reversed in error, in a like case.)

APRIL TERM 1799.

OSTRANDER ads. Davis.

ARBITRATION bonds and powers of attorney in suits need not be stamped.

JACKSON, ex dem. MOORE against Van BERGEN.

The plaintiff upon the evidence was entitled to a moiety only undivided, but a general verdict was taken ; a motion to set it aside on that ground was refused, and the plaintiff ordered to take possession of the moiety only on the hab. fac. poss.

SKUTT against Billings, Assignee of TERLISH, an

Insolvent.

JUDGMENT by confession set aside, it being entered on a warrant given before the defendant's insolvency.

Smith ads. Rooman.-Palmer v. Green.-Leffingwell v. White. &c.

Smith, Administrator, JACKSON, ex dem. ads. Rooman.

JUDGMENT by default against the casual ejector set aside because there was not a previous default entered.

PALMER against GREEN.

In error on certiorari, 1st. A plea in abatement after a plea in chief is a nullity and need not be answered.

2d. The justice without the consent of parties had no power to adjourn the trial beyond six days, and for this cause judgment reversed.

LEFFINGWELL and another against WHITE.

INDORSEES against endorser, 1st. Time in cases of promissory notes and bills of exchange is to be calculated by calendar and not lunar months.

2d. A pending negotiation for settlement between the holder and endorser, supersedes the necessity of a demand from the maker, and of notice.

Betts against TURNER.

In covenant, the defendant held to the express terms of his covenant contrary to a supposed construction of its spirit.

Rogers ads. Van Allen. Jackson v. Bull.—Johnston v. Bloodgood.

ROGERS ads. Jackson ex dem. V. ALLEN.

SEE this case as to the questions of disseisin in fact and by election and what shall be a tenancy merely at will.

2d. No notice to quit is necessary in the case of a tenant strictly at will.

JACKSON er dem. LOAN OFFICERS OF RENSSELAER and

CRABB against Bull.

A deed in persuance of a previous contract of sale, good by relation from the time of the contract : so as to render valid every intermediate sale or disposition by the grantee. Vide to the same point, Jackson ex dem. June v. Raymond, in January, 1798.

Johnston against BLOODGOOD.

A note purchased at an under value by the debtor of an insolvent, after notice of the insolvency, not allowed to be set off in a suit brought in the name of the insolvent, for the benefit of his assignees.

2d. Circumstances to excite inquiry, sufficient notice, and the interest of the assignces protected in this suit in the name of the insolvent.

« ΠροηγούμενηΣυνέχεια »