Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

Thaver v. Ryers.-- Matter of Gephard.--Oakley v. Farrington.

States, and an application for a habeas corpus refused by Keut and Radcliff, on the ground that if the fact stated were returned to the writ, it would be conclusive against his discharge, by Benson, on the ground that the court had no jurisdiction.--Lewis and Ch. J. contra.

THAYER against RYERS.

A reference in the penal part of a tond to and for the payment of the penalty, according to the coudition of a mortgage when the condition of the bond itself was special for the same purpose, rejected as surplusage, but a demurrer on that ground allowed to be withdrawn.

Matter of GEPHARD.

An application to restore an attorney to his office in the common pleas of Delaware, denied on the ground that the cause of his removal was not stated nor shown to be improper.

OAKLEY against FARRINGTON.

THESE words in slander "Squire Oakley is a damned rogne," held not to be spoken of the plaintiff in his character of a justice, and therefore not actionable.

Main v. Prosser.-Jamnes v. Bidgers.-Cavilion v. Wilde.--&c.

MAIN against PROSSER.

A justice has no jurisdiction in case for a malicious prosecution.

JAMES against Badgers.

Notice of non-payment to the endorser of a note general ly where part was paid, held good.

CANTILLON ads. WILDE.

Tenant at sufferance cannot maintain trespass against his landlord.

Bank U. S. against HASKINS.

Whether the act incorporating the president, &..., be public or private, it is not necessary to be set forth. So held on demurrer.

Towle and Jackson against STEVENSON.

An agent to collect money on a bill of exchange, although in the first instance rendered liable by his misconduct, held to be discharged by the principals adopting his acts, &c.

Birdsall v. Conroe.--Hopkins ads. Kenworthy.-Moulton ads. Dole.-&c.

BIRDSALL ads. CONROE.

The bond of an infant, although he fraudulently repreresented himself to be of full age, held, void at law.

HOPKINS ads. KENWORTHY.

ONE of a set of three bills of exchange on London was accepted and protested for non-payment, held,

1st. That the endorser here was bound to pay on the return of one of the set which was not protested with the protest on the other.

2d. That a proceeding against the acceptor under a commission of bankruptcy in London did not discharge the endorser.

3d. That it being a bill remitted for the payment of an antecedent debt no damages were recoverable.

MOULTON ads. Dole.

A warrant of attorney to confess judgment on a sheriff's bond for the privilege of the liberties, held void.

Jackson et dem. BRONK against CRYSLER.

An actual entry not necessary in any case except to avoid a fine.

No parol assent or silent acquiescence without an act by the lessor will amount to a waiver of the forfeiture of a condition.

Gahn v. Broome -Caulkins ads. Johnson.-&c.

Gahn and MUMFORD against BROOME.

On an open policy the invoice price is the value which upon a total loss the insured is entitled to recover, notwithstanding he is entitled to a drawback on the goods, for that in case of relanding by the barratry of the master he would Jose.

CAULKINS ads. JOHNSON.

On a promise of marriage the licentious conduct of the female plaintiff admitted to be shown without any restriction as to the time of the promise or the intended marriage, with a view to the question of damages. Ch. J. Lansing, contra.

DEDERICK ads. VALKENBURGII.

The defendant was discharged under the insolvent act, pendente lite, and in time to plead or give it in evidence. Neglecting to do this, the court refused to discharge him from custody, after a judgment by default and execution against him.

OCTOBER TERM, 1799.

THAYER against Ryers.

Pleas of payment ante diem and payment ad diem. On

Douds ads. Den ex dem. Wilkinson.— spalbergh ads Walrod -&c.

molion, ordered the first to be stricken out, but in a complicated defence the court will not, by anticipation, discriminate in this peremptory manner.

Dodds ads. Den er dem. WILKINSON.

An absolute conveyance or deed, upon trusts of a real estate, not allowed to be set aside on the ground of an usurious consideration.

SPALBERGH ads. WALROD.

In trespass qu. dom. fregit, and for an assault and battery, and impregnating plaintiff's daughter, per quod, &c.; the plaintiff recovered $10. Motion for costs by the defendant, denied. The plaintiff is entitled to costs.

Jackson ex dem. Cooder against Woods.

The unity of husband and wise is such, that if either be a witness to a will containing a devise or bequest to the other, such devise or bequest is void within the intent of the statute concerning wills.

SHELDON against McEVERS.

In error from the common pleas the plaintiff may proceed by rule to join in error only, or by sci. fa. ad aud. errores.

« ΠροηγούμενηΣυνέχεια »