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Hoyt ads. Murry -Beatty v. Bruyn.- Valentine ads. Manhatta u Co.

Hoyt and Tom ads. MURRAY and others.

JUDGMENT of nonsuit granted, although the plaintiff had taken out a commission which was not returned, it having been out an unreasonable time.

BEATTY ads. JACKSON ex dem. BRUYN and WIFE.

Motion by default for leave to make out a case, the time having expired, was denied ; no reason for the laches being given.

VALENTINE ads. MANUATTAN COMPANY.

A prisoner once supersedable for not being charged in execution, niay still be charged at any time before super. sedeas allowed. Vide Brantingham's Case, ante.

AUGUST TERM, 1803.

Abbot against BROOME.

A master re-purchasing a ship for the benefit of all concerned which was not afterwards adopted or ratified by the owners, is not a waiver of an abandonment and of the claim for a total loss.

Coulon v. Bowne.---Lyle v. Clason.-Clason v. Lyle.-&c.

2d. Having once abandoned, and an acceptance of it refused, they are not bound to tender the ship, &c. again after its arrival here.

3d. In such a case a sale here at auction for the benefit of the underwriters is justifiable. Vide United Insurance Company ads. Abbot.

Coulon against BowNE.

A representation equivocal in itself and capable of different construction in its grammatical and popular sense, without being required to be explained at the time by the assurer, held not to vitiate the policy.

LYLE against CLASON.-Clason against R. & J. LYLE

The same reserees were appointed in both these cases, and they blended the demands in each suit, and in both reported in favor of the defendant. Both reports were therefore set aside; the suits being between different parties, it was not proper to blend them, and the rules of reference were discharged.

ARNOLDS ads. BAKER & RowLSON.

The payee and endorsee of a note may be admitted to prove the time he endorsed it, to show it was then overdue; this is not impeaching its validity, which, if attempted, must still be done by other proof. VOL. III,

85

Purdy v. Delavans --Ripley v. Wardell.-Beach ads. Martin.

2nd. A previous suit in the name of the payee, and after negotiations between the endorsees and the defendant, is prima facie evidence that the endorsees were trustees for the payee, or privy to the original transaction.

PURDy against DELAVANS.

An award certain to a common intent is sufficient and conclusive.

RIPLEY against WARDELL.

Under an agreement to give a note for a certain sum, if the party who was to give it beconie bankrupt and obtain his discharge without giving the note, and he afterwards give the note, he cannot be allowed to antedate it so as to be affected by his discharge, although he might have given it before the discharge, according to his contract.

BEAÖH ads. MARTIN.

It is settled that an action for an escape will not lie against an executor or administrator.

Shaw ads. The People.-Rust ads. The People.—&c.

SHAW ads. THE PEOPLE.

An indictment for forcible entry and detainer must direcily allege that the complainant was seised at the time of the force, that he “long since was seised,” is not sufficient, Proceedings set aside.

Rust ads. PEOPLE.

An indictment for extortion must stale how much was due, how much more was taken, and in what items; otherwise it is too general.

HASKINS and others against BRADFORD.

Rule for an attachment granted against referees, but there being a question before then as to the admissibility of a receipt in evidence, the court intimated that they had best admit it, and leave the parties to make it a question in court thereafter.

STERNBERGA ads. JACKSON er dem. Le Roys, &c.

A verdict set aside as against evidence, it being a question on the proofs only.

Wyckoff ads. Combs.--Smith ads. Deas.-Jackson v. Mackabay.-&c.

WYCKOFF ads. Combs.

Inter alia. The defendant not being able to procure the attendance of witnesses who were absent, nor a delay from the referees, is not a cause for setting aside the report; he ought to have applied before they reported for an order on the referees to the court, as in the case of Sands and Birds, ante, which he had time to do in this case.

SMITH ads. DEAS.

AFTER a stipulation to try, and no sufficient cause shown for a subsequent neglect to try the cause, nonsuit granted.

JACKSON ex dem. WINTER against MACKABAY.

A third person cannot be admitted to defend in ejectment, unless it appears there is a privity between him and the tenant.

Lasher against WALTON.

MOTION for a reference granted on the usual affidavit of defendant, and of another person to the same effect, although opposed by the affidavit of the plaintiff.

2d. An objection that a question of law will arise, must

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