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Palmer qui tam. v. Doney.-- Jackson v. Cuerden.-&c.
Palmer, qui tam, against DONEY
1st. The supervisor is an essential member of the board of commissioners, to grant excise, and no board can be formed without him, and he must convene them.
2d. Where the 1st March is the time the former license expired, and there is no meeting till 8th April following to grant new licenses, an innkeeper may till that time act under the former license, ex necessitate, without incurring a penalty.
JACKSON ex dem. Viely and Clark against CUERDEN.
1st. An offer or request to be considered, the tenant of the lessor not accepted or answered, does not create a tenancy, or the relation of landlord and tenant, the defendant then and before holding under a different right.
2d. The written acknowledgment of the defendant that the land belonged to lessor, is prima facie evidence of a right to recover ; but such acknowledgment may be explained, &c., by defendant, and shown to be founded in mistake.
Van Schaick against EDWARDS. 1st. Usury may exist in a security for a pre-existing debt.
2d. An executory contract for the sale of land in Massachusetts; the land lying here, and one of the parties residing here, and the title retained as a security, and the parties having an express view to the interest of this state, will not be usurious, although more than Massachusetts interest was reserved, but not exceeding New-York interest.
Mayell v. Potter.-Barnard v. Wilcock.-D'Hart v. Covenhoven.
MAYELL against POTTER.
1st. A master of a vessel, or person transporting goods for hire, must deliver them according to his bill of lading or contract.
2d. The usage of the trade is also to govern.
3d. He is to make reasonable inquire for the consignee, and if not to be found, to store the goods.
4th. A doubtful or blind description of the name or person intended as the consignee shall not injury the carrier if he act upon it with good faith although he commit a mistake.
Barnard against Wilcock.
In assumpsit for goods sold, it is not necessary to set forth the particular firm under which the plaintiff trades.
D'HART against CoveNHOVEN.
1st. Reference refused, because by an opposite affidavit, questions of law will arise.
2d. No counter affidavits as to such questions can be received.
Ingraham ads. Kanes.-Ferris ads. Burrell.--Shufelt ads. Hodges.
INGRAHAM ads. Kanes.
1st. The principal being discharged as a bankrupt, the court will order an econeretur on the bail piece without a surrender.
2d. A suggestion of fraud by the plaintiffs, and an offer to try the validity of the discharge, is not enough to prevent this.
3d. If the discharge be obtained within the 8 days of grace, the court will order an exoneretur, on payment of costs.
FERRIS ads. BURRELL.
A regular judgment ordered to stand as securily, and the defendant aliowed a defence on a probable mistake in serving a notice of his attorney, and on swearing to merits and submitting to terms.
SHUFELT ads. Hodges.
On a bond in the penalty of $500, conditioned to perform covenants; on the trial, the plaintiff recovered 6 cents only, his judgment must still be for the penalty, and he is entitled to full costs.
Vost ads. Batterman. Juhel v. United Insurance Company,-&c.
Vost ads. BATTERMAN.
No verbal agreement waiving a notice of trial can be ad. mitted.
Juhel against United Ins. Co.
Plaintiff permitted to go to trial, notwithstanding a commission to England not returned, it having been issued 18 months, although it is stated that the testimony desired being a foreign sentence was now given and to be had.
RODMANS against Nelson & BUNKER.
PLAINTIFF allowed to go to trial, notwithstanding a commission to England not returned, which was taken 6 months ago, (last April.)
STOUGHTON ads. Fish.
Petition to remove a cause to the court of the United States, refused, the defendant being naturalized here in 1784, afterwards, in 1795, became the Spanish Consul, and took the oath of allegiance to the King of Spain, but continues to reside here.
Graham v. Adams & Adams.–Reynolds & Hartwell ads. Clapp.-&c.
GRAHAM against Adams & Adams.
Both defendants being convicted and sentenced to the state prison for life; held, that being civilly dead the suit is abated.
REYNOLDS & HARTWELL ads. CLAPP.
On a recovery of £100 of debt and interest by way of damages; held, that the plaintiff is entitled to full costs.
Smith against D'Witt.
An inferior court may set aside a verdict for irregularity.
BURtch ads. PEOPLE.
ON certiorari to bring up proceedings of forcible entry and detainer, a rule to assign errors, held a nullity.
2d. The record is thereby removed, and the issue is to be tried.
3d. A landlord or those who stand behind the tenant, ad. mitted by the common law to defend, but the manner not stated.