« ΠροηγούμενηΣυνέχεια »
Skidmores v. Desdoily:- Rickets v. Livingston-Sable v. Hitchcock.
or to return the bill, is liable for the amount of the bill if such credit be obtained, and the means of paying it pass throngh his hands.
2d. A general bailee is bound to use a degree of diligence and attention adequate to the trust reposed in him, and according to its nature.
SKIDMORES against DESDOITY.
1st. "Lawsul goods” include contraband.
2d. “Against all risks," includes the risk of condemnation in a foreign admiralıy.
RICKETS and wife against Livingston, Executor.
1st. A legacy to one who at the date of the will is indebted to the testator, does not extinguish the debt, unless it appear to be so intended on the face of the will.
2d. Indorsements on a bond of the testator, that plaintiff had assumed to pay it, without more, are not enough to charge him, although a legatee with the debt of another.
3d. The acts of the testator, may in some cases, be evidence of a debt against his legatee.
4th. The transfer of a debt is a sufficient consideration for a promise.
SABLE against HITCHCOCK. An indenture that a slave shall serve another until both parties agree to vacate the same, is equivalent to a sale.
Fish v. Fisher.-— People v. Cochran --Jansen v. Davison.
2d. Executors and persons acting in auler droit, may sell a slave, notwithstanding the act of the 22d February, 1788.
Fish against FishER.
1st. A slave escaping from another state into this, and afterwards sold here by the master, is equivalent to a “bringing in,” in the first instance, and within the act of 220 February, 1788.
2d. A letting to service for 20 years, when the slave was of the age of 25, &c., is a sale and an evasion of the act.
People against COCHRAN.
DEFENDANT was found guilty of an assault and battery, and the attorney-general moves for judgment, but shows no circumstances attending the offence. A nominal fine of $1 only was imposed.
JANSEN, administrator, against Davison.
PLAINTIFF, administrator, recovered in the commuon pleas of Ulster, a verdict under $25, and that court refused to give judgment in his favor for the costs. Motion for a manda. mus denied ; a writ of error is the proper remedy.
Platt ads. Martin.-Stewart v. Williams.-Sealy v. Shattuck.—&c.
PLATT ads. JACKSON er dem. MARTIN.
DEFENDANT, in order to make out a case applied to plaintiff's attorney, for papers or extracts from them which were necessary for that purpose, and were refused; ordered, that the papers or extracts be furnished, and that he have farther time to make the case.
STEWART against Williams.
A Sheriff is entitled to 20 days, notice of a rule for an attachment.
SEALY against SHATTUCK.
A rule to join in error in 20 days on certiorari, cannot be acted upon, after a term or more has intervened.
HAKE ads. Jones.
1. An usurious contract, in pursuance of the act of the legislature, considered immoral and corrupt.
2. A loan of money on usury although covered by other names in the form of an accommodation note indorsed, &c., is equally against the statute.
3. Not considered as an unconscientious defence, and new trial granted. Vol. III.
Case of Chadwick --Rush v. Cobbel.-Loder ads. Scofield. --&c.
Case of CHADWICK.
A notice left at the dwelling house of a plaintiff is sufficient under the act for the relief of debters, &c. (The £200 act.)
Rush against COBBET.
A commission ex parte defendant was irregularly returned upon which the plaintiff was permitted to go to trial, it being the act of the defendant.
Loder ads. SCOFIELD and wife
In a writ of right, a writ of summons to a vouchee being irregularly returned, an alias must issue.
JACKSON ex dem. Lewis, against PoweLL.
APPLICATION for costs against plaintiffs' attorney denied ; one of the lessors resided in this state at the commencement of the suit, and afterwards died. Defendant ought to have applied for security for costs.
Case of H. R. Van Rensselaer -Iluyck ads. Salisbury.—&c.
Case of H. R. VAN RENSSELAER.
It appearing by a report of J. Lewis that Mr. Van Rensselaer had by his own confession been concerned in a forgery ; ordered, that his name be struck out of the roll of attornies.
HUYCK ads. JACKSON ex dem. SALISBURY, &c.
The line of the patent of Coyemans established, it having been the reputed line and been acquiesced in for half century, and also recognized by Government.
PEOPLE against The Judges of CAYUGA.
On an application for a mandamus to a county court, the practice is first to grant a rule to show cause.
HOLCOMB ads. TALLMADGE.
A default, although irregularly entered, if submitted to and a term intervenes after notice of it, cannot be set aside.