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.

72

Case of Chadwick --Rush v. Cobbet.-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 -Huyck 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 a 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. TALLMADGge.

A default, although irregularly entered, if submitted to and a term intervenes after notice of it, cannot be set aside.

Juhel v. Rhinelanders.-Stafford v. Van Zandt.-&c.

JUHEL against RHINELANders.

"LAWFUL goods" include contraband; same point, Seton v. Low, and Skidmores v. Desdoity, ante.

STAFFORD against VAN ZANDT.

IN error from the common pleas of Albany. A variance between the sum reported by referees and the judgment entered thereon, is fatal. Reversed.

UNITED INS. Co. ads. FRANKLIN.

A fishing commission to examine witnesses not allowed; it ought to be shown that material evidence exists at the place.

VAN DEMAR against VAN ZANDT.

A commission allowed to demandant, to examine a witness in New Jersey on the affidavit of a third person.

Dunning ads. Jones.-Murrays v. United Ins. Co.-&c.

DUNNING ads. JONES.

AFTER judgment on sci. fa. against bail and execution issued, and two terms intervene they come too late to object

that

2d. Sci. fa. did not lay 4 days in the sheriff's office.

JANUARY TERM, 1801.

MURRAYS against UNITED INS. Co.

AN insurance on "the American brig Mary," is equal to a representation or implied warranty of neutrality.

2d. Such representation or warranty requires the property to be wholly neutral.

3d. An equitable interest merely in a belligerent, is inconsistent with it.

4th. Where there is no actual fraud and no risk incurred, the premium shall be returned.

LAING against UNITED INSURANCE CO.

1ST, Condemnation, in a foreign admiralty, of tin in blocks as contraband, held conclusive.

2nd. The warranty "free from any loss which may arise. in consequence of a seizure or detention for or on account of any illicit or prohibited trade, or any trade in articles contraband of war," construed to exempt the insurer from contraband or a condemnation on that account. (Reversed on both points in the court of errors, 1801.)