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Roget v. Thurston.—Van Buren & Vosburgh ads. Van Dycks.—&c.

Roget against THURSTON.

An exception in a policy of French risks, means any cap ture or loss by the French.

2d. A French seizure discharges the policy, and a subsequent capture by the English, is not within the risk qualified with the above exception.

3d. An abandonment may be made at any time while the loss continues total.

VAN BUREN & VOSBURGH ads. Van Dycks.

1st. After a long and quiet possession, a deed may be presumed.

2d. An ouster of a tenant in common, may for the same reason, be presumed.

3d. A feme covert may be disseised.

Case of MR. CAINES.

An alien cannot be admitted as a counsellor of this court, since he cannot take the oath of allegiance, &c.

ROBERTSON & BROWN against UNITED INs. Co. Money on bottomry is a special interest, and must be specially insured. An insurance on the ship will not cover it.

Giles v. Bradley-Cobbet ads. Rush.-Wardell v. Eden.

2. The premium, in such case, allowed to be recovered back.

Giles against BRADLEY.

1. An agreement for the purchase of a negro boy, with a

vilege to the purchaser to return him within a certain time, is valid.

2. A single bill given for the consideration money is no bar.

COBBET ads. Rush.

In debt on a judgment in a neighboring state, nil debet is a denial of the whole declaration, and the judgment must be proved.

2d. Whether the plea was proper, is a question which does not regularly arise on a motion for a new trial, and after the plaintiff has taken issue upon it.

APRIL TERM, 1801.

WARDEL against EDEN.

AFTER a judgment is assigned to an innocent third party, the court will not award an issue at the instance of a defendant, to try the fact of usury alleged by him to impeach it.

2d. After notice of an assignment, satisfaction was acknowledged and entered of record; ordered, that the same be

Rosevelt v. Crammond - Whitaker v. Cone.--Edens v. Gilbert.-&c.

vacated, and the parties be left in statu quo as to the claims of the assignee. The court will thus take notice of the rights of an assignee.

ROSEVELT ads. CRAMMOND.

Motion to set aside an inquest because by mistake the defendant's attorney did not suppose there was a defence, refused, there being no advantage taken by the plaintiff.

WHITAKER against Cone.

PLAINTIFF, an insolvent, being discharged pending the suit, the accruing costs included in a subsequent judgment of nonsuit, are recoverable from him on the principle decided in the case of Frost v. Carter, ante.

EDENS ads. GILBERT.

A feigned issue awarded to try the fact of usury, a judgment having been entered by confession on a warrant of attorney, accompanying the bond, &c.

HADDEN ads. JOHNSON.

Pounds, &c., instead of dollars, alleged in the narr. no error, and not within the act on this subject. The judgment

Cascaden, an Insolvent, &c.—Church ads. Kane.--Norton ads. Calkin.-&c.

must be in dollars and pounds, are not an unknown money of account like foreign money, and the court will ex officio take notice of the value in rendering the judgment.

CASCADEN, an Insolvent, &c.

A discharge of one of two partners as an insolvent, singly, relates to his private debts and credits only, and does not discharge him from partnership debts.

CHURCH ads. KANE.

On proof of a notice sent by the mail, in season, by defendant's attorney, and of merits, ordered a regular judgment to be set aside on payment of costs, and the usual terms as to pleading, &c. Defendant was in custody. Vide Lambert ads. Dillingbach, post..

NORTON ads. CALKIN.

A bail bond suit suffered to proceed after a settlement by the parties, on condition of defendant paying costs, until the custs be paid.

Gouv. OGDEN

Admitted as an attorney under the old rules, his clerkship

Green ads. Milns.-Seaman v. Haskins.--Forman ads. Williamson.

having commenced before, and an occasional interruption of it is not material, the study of the law not being relinquished.

GREEN ads. Milns and others.

When the principal is arrested on a ca. sa., bail are discharged and must plead it, and are not to be relieved on motion.

2d. A release of the prisoner by the sheriff, in consequence of a discharge by the bankrupt law of the United States, will not renew the responsibility of the bail; it operates only on the rights of the plaintiff.

SEAMAN against HASKINS.

Motion to withdraw a demurrer and reply after judgment pronounced and entered in the minutes, and a term elapsed, too late; if made before judgment entered, it would be allowed if the demurrer was not frivolous.

FORMAN ads. WILLIAMSON.

A suit was brought against the special bail, who were about to surrender their principal, and were induced to stop by information received from plaintiff's attorney ; before the next term the principal died, and the bail relying that they were not to be injured by the delay, an enoneretur was ordered on payment of costs.

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