Vos & Graves v. United Ins. Co.-Haskins v. N. Y. Insurance Co.-&c.

Vos & GRAVES against UNITED INSURANCE CO.

ON policy, property warranted neutral.

1st. To comply with this warranty, the insured must conduct hinself as a neutral.

2nd. Actual notice of a blockade supersedes the necessity of notice under the British treaty of 1794.

3d. The sailing with intent to break a blockade, and within a reasonable distance to carry it into execution, is equivalent to an actual breach.

4th An accidental interruption of blockade by winds or tempests is no discontinuance of it.

5th. No premium in such case to be returned because the risk had commenced. (Reversed in the Court of Errors, 1801.)

HASKINS against NEW YORK INSURANCE Co.

THE terms "American ship," in a policy, imply a warranty of that fact.

2nd. A foreign sentence conclusive.

3d. A general sentence construed to proceed on the ground of enemy's property.

4th. A return of premium allowed in such case.

THE same points as in the last case. The arguments upon them were delivered in this.

Seamen v. Haskins.--Church ads. Vandenheuvel.-Fish v. Wetherwax.

SEAMEN against HASKINS.

DEFENDANT was indebted to plaintiff on single bill. Defendant gave to others a bond, and confessed judgment thereon, for a sum including the plaintiff's debt, and in trust for him. The plaintiff affirmed the trust by suing out execution on the judgment. Held to be a bar to his recovery on the single bill.

CHURCH ads. VANDENHEUVEL.

A REPRESENTATION of American or neutral property, held to be falsified by a foreign sentence condemning it as not being neutral.

FISH against WEATHERWAX.

An arrest of judgment is an interlocutory order, not a final judgment.

2d. The court must give final judgment, if required by either party. Rule to show cause why a mandamus should not issue to the common pleas of Rensselaer, granted for that purpose.

Blackwell ads. Rankin-Van Bramer v. Executors of Hoffman.-&c.

BLACKWELL ads. RANKIN.

ON a defence of forgery to a note of hand.

1st. Proof of "former notes drawn and endorsed by the same parties, and that to take up one of them (the defendant not knowing of the alteration,) the present note was given," ought to be admitted.

2nd. A memorandum of a deceased partner of defendant, no evidence.

3d. An alteration apparent on the face of the note, not of itself enough, unless coupled with other evidence.

VAN BRAMER against EXECUTORS OF HOFfman.

INTEREST on a legacy to be paid out of moneys constituting a general fund, although charged on land, is to be allowed only from the time it became due.

2nd. A grandchild is not within the rule which allows interest on the legacy of a child for the purpose of maintenance. (Vide the rules respecting interest on legacies in the opinion by Radcliff, J.)

COLE against HAWES.

A COVENANT of seisin and warranty against all persons except the lord of the soil," construed to apply to the interest of the covenantor, exclusive of that of the owner of the fee only, and the covenant of seisin and warranty to be commensurate in this respect.

Dole v. Moulton and others -Allen ads. Richardson-&c.

DOLE against MOULTON and others.

1ST. SHERIFF's poundage is part of the sum for which a prisoner is confined in execution.

2nd. A condition of a bond for the privilege of the liberties within the terms of the act, though not to the extent of those terms, is good.

3d. An accidental stepping over the line by a prisoner, like a negligent escape and recaption, is not a breach of the condition, unless the sheriff be thereby damnified.

4th. Quare, whether the sheriff is bound to take such bond?

ANNIN ads. RICHARDSON.

DEFENDANT was sued as sheriff, and obtained a nonsuit. The regular mode to entitle him to double costs is to obtain a certificate from the judge who tried the cause and not by suggestion.

EXECUTORS OF MAHANY against FULLER.

EXECUTORS recovering under £10 in this court are not entitled to costs, nor are they bound to pay costs.

Sebor ads. Haskins.-Hallet and others ads. Nixon.-Burr v. Skiuner.-&c.

SEBOR ads. HASKINS.

MOTION for a nonsuit after a stipulation to try the cause, denied, because a term had elapsed since the plaintiff's default happened, but plaintiff was required to stipulate anew.

HALLET and others ads. NIXON.

THE absence of a material witness, who was expected to return, admitted, after a stipulation, as an excuse for not going to trial.

BURR against SKINNER.

LEAVE was given to the plaintiff to proceed to trial after nine months had elapsed since the defendant obtained a commission to St. Domingo, which was not returned.

BOGERT ads. McDONALD.

DAMAGES in the narr. increased from $600 to $1200, on payment of costs, and allowing the defendant to plead de No bail was entered; if it had been, the court would protect the bail against the increased sum.

novo.