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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 have fairly exercised their discretion. If there is error, this is not the mode to review their conduct. (Vide same case, ante.)

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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

narr.

FERGUSON against TIBBITS.

ON certiorari. A summons dated at Sandy Hill in Washington 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. Crnger-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 admitted.

3d. Taking a course, though not the most usual, is proper to avoid danger from privateers.

4th. 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.

Coit & Woolsey v. Smith.-Sted fast, ex dem. Nicoll v. Nicoll.-&c

COIT & WOOLSEY against SMITH.

POLICY on horses; one received his death wound during the voyage, and after landing at the end of the voyage died of the wound; held, to be a loss within the policy, and to the full value of the horse. Vide Winton v. Saidler, post.

STEDFAST ex dem. NICOLL against NICOLL.

A posthumous child may take in remainder by devise, although not in esse at the time the particular estate determined. This at common law; we have not the English statute on the subject.

JONES against CASWELL.

A benefit to one party, or a disadvantage to the other, is a good consideration for a promise.

2d. The forbearance of bidding at a sheriff's sale, is an illegal consideration for a promise.

STAGG & SNELL against UNITED INS. Co.

ALTHOUGH a vessel arrive at the destined port, if during the voyage the injury received be such that her repairs would amount to more than her value when repaired, the plaintiffs may recover a total loss.

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Moore ads. Rundle.-United Ins. Co. ads. Abbot.-&c.

MOORE and POLLOCK ads. RUNDLE and others.

1st. Agents and factors in settling a loss on a policy, are liable for disobeying instructions, and also for want of skill and discernment in their duty.

2d. Held liable on the ground of negligence in their duty, in the same manner as the insurers were liable.

UNITED INS. Co. ads. ABBOT.

WHERE there is a total loss on an insurance upon a ship, and the vessel be sold and purchased by the agent of the assured, and afterwards accepted by them, the total is changed into a partial loss, and they can recover the actual loss only. Vide Abbot v. Broome, post.

PATRICK against HALLET & BowNE.

SEAWORTHINESS.-A vessel on the same day she sailed, foundering suddenly without any accident, or any known or visible cause, cannot be deemed seaworthy.

SEBOR ads. ABBOT.

PROFITS are insurable, and it is not a wager, but an in

terest policy.

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