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Koch v. Fink.-Rankin v. Blackwell.-&c.
Koch against Fink.
In error on certiorari, the return states there was a declaration, but none accompanies it.
1st. Ordered that the justice amend his return in this respect, or be attached.
2d. It being stated on his behalf and admitted that there was no declaration in fact, the judgment is reversed.
RANKIN against BLACKWELL.
The apparent alteration on the face of a note, and an obscure memorandum of a deceased partner of defendant, and the general proof that the endorser had forged other notes, are not competent evidence to prove forgery; the first and last circumstances might be admitted in aid, if there was other proof.
LIVINGSTON ads. BANK OF New York.
A guarantee for the payment of a sum, in the first instance proposed to be paid by others, is an absolute engagement, and on failure of the others at the time, the defendant is liable.
Kemp ads. Judah and others.—Mark & Speyer ads. Scott & Seaman.-&c.
KEMP ads. JUDAH and others.
In trover. Goods in the hands of a master of a ship are liable to be detained for freight; bit if he refuse to deliver them on a ground wholly different, without demanding the freight, it is evidence of a conversion.
MARK & SPEYER ads. Scott & SEAMAN.
JUDGMENT for the defendant, on the ground of this case being within that of Arnold &• Ramsay v. United Insurance Co., except that here was a representation and there a warranty. (Vide the case cited, ante.)
IN THE MATTER OF THE PRESIDENT, &c. OF THE MAN
A report of the appraisal of certain lots appropriated to the objects of this company, being made under the act, &c. Ordered that they give notice to the parties interested to show cause why the same should not be confirmed by the next terın, &c.
La Rue v. Teller.- Ambrose ads. Stuyvesant.--Calliman v. Gilson.-&c.
LA RUE against TELLER.'
For want of sufficient notice of taxing, a re-taxing of costs is ordered, but judgment to stand, and the attorney to pay the costs of this application.
AMBROSE ads. STUYVESANT.
1st. A suit on the bail bond is improperly commenced after notice of bail.
2nd. Taking an assignment of the bail bond in which two were bail is no waiver of the objection against one of them as special bail alone.
CALLIMAN against Gilson.
ON certiorari. The plaintiff cannot take advantage of his own error in the court below.
IN MATTER OF COMMON PLEAS OF ULSTER.
Motion for a mandamus to vacate a rule in that court, setting aside certain proceedings under the partition act, denied, because the court had jurisdiction and hgve fairly exercised their discretion. If there is error, this is not the mode to review their conduct. (Vide same case, ante.)
Drake ads. Seaman and others.—Ferguson v. Tibbits.-&c.
DRAKE ads. SEAMAN and others.
NARR. duly served by fixing it up in the office, and a judgment thereon regularly taken, the defendant, if afterwards allowed to plead, is not entitled to a new service of
FERGUSON against Tibbits.
On certiorari. A summons dated at Sandy Hill in Wash. ington county, returnable at the office of the justice, is well enough. It is presumed to be at Sandy Hill, and the office of a justice is of public notoriety.
EXECUTORS OF CAMPBELL ads. ZILIE, &c.
On a joint contract, and one only being sued, he must plead it in abatement.
JANUARY TERM, 1802.
THOMAS ads. New YORK INSURANCE Co.
1st. Parol evidence not admitted to explain the intent of the parties in a policy, which on its face is precise and certain on the point.
2d. Neither can the previous acts and communications of the parties for that purpose be received, except where the sense is doubtful.
Armstrong ads. Croger -- Patrick ads Ludlow,
3d. The expressions in a policy respecting double insurance, "prior in date” and “subsequent in date," make the date the criterion as to the operation of the policy, and the return of premium, &c.
ARMSTRONG & BARNEWELL ads. CRUGER.
1st. The plaintiff, holder of the defendants' check, may give it in evidence under the money counts.
2d. He need not in this, nor in the case of a bill payable to bearer, show a consideration, unless circumstances of suspicion appear.
3d. The holder must present it for payment, before he can demand it of the drawer. It is like a bill of exchange, and the drawer is liable only where it is dishonored. It may be declared upon as a bill. Ch. J. contra. When it must be presented, not determined. Vide Warren v. Convoy, post.
PATRICK against Ludlow.
Policy on goods," at and from" and "from the loading thereof," as applied to goods, cannot mean the first arrival of the ship at the port; it means in both cases from the loading.
2d. On a demurrer to evidence, its legal results or inferences are also admilted.
3d. Taking a course, though not the most usual, is proper to avoid danger from privateers.
41h. A captain acting bona fide, and going out of his way to obtain the benefit of convoy, where danger is to be apprehended, is not guilty of deviation,