Reports of Cases Determined in the Circuit Court of the United States for the First Circuit, from April Term, 1858, to [May Term, 1878] ... by Hon. Nathan Clifford ... William Henry Clifford ... Reporter ...Little, Brown,, 1869 - Law reports, digests, etc |
From inside the book
Results 1-5 of 86
Page 2
... circumstances to indicate a contrary intention of the parties , that the bill or note was given and received in satisfaction and dis- charge of the pre - existing debt . That rule was adopted in Mas- sachusetts before Maine was admitted ...
... circumstances to indicate a contrary intention of the parties , that the bill or note was given and received in satisfaction and dis- charge of the pre - existing debt . That rule was adopted in Mas- sachusetts before Maine was admitted ...
Page 3
... circumstances ; in which case the bill or note , as at common law , must be produced , if in existence , to be cancelled . Where the rule prevails , the new security is merely the substitu- tion of the second promise for the first ; and ...
... circumstances ; in which case the bill or note , as at common law , must be produced , if in existence , to be cancelled . Where the rule prevails , the new security is merely the substitu- tion of the second promise for the first ; and ...
Page 21
... circumstances which render it morally certain and leave no reasonable doubt that such is the fact ? Not a doubt is entertained by this court , that it may in the case supposed be proved in either of the modes suggested ; that is , it ...
... circumstances which render it morally certain and leave no reasonable doubt that such is the fact ? Not a doubt is entertained by this court , that it may in the case supposed be proved in either of the modes suggested ; that is , it ...
Page 22
... circumstances and to the same facts would be entitled to no greater weight for the same reason ; because neither the seaman who threw the man overboard , nor the witness who saw it , could know that death ac- tually took place . That ...
... circumstances and to the same facts would be entitled to no greater weight for the same reason ; because neither the seaman who threw the man overboard , nor the witness who saw it , could know that death ac- tually took place . That ...
Page 23
... circumstances , to recommend an acquittal . " Confessions , " says Mr. Greenleaf , " are divided into two classes , namely , judicial and extra - judicial . Judicial confessions are those which are made before the magistrate or in court ...
... circumstances , to recommend an acquittal . " Confessions , " says Mr. Greenleaf , " are divided into two classes , namely , judicial and extra - judicial . Judicial confessions are those which are made before the magistrate or in court ...
Common terms and phrases
admiralty admitted affreightment agent agreed agreement alleged Amoskeag Manufacturing Company amount answer appears application appraisers authority bill of complaint Boston bottomry Cahoon cargo charge Charles Goodyear charter-party Circuit Court circumstances claim CLIFFORD collector collision common law complainant consignee Constitution construction contract corpus delicti counsel course court of equity crew damages decision decree defendant discharge District Court dollars duty effect entitled equity evidence fact filed freight granted Greenl held insisted intention invoice judgment jurisdiction jury libellants lien machine manufactured Martha Washington Massachusetts master mate ment merchandise mortgage opinion owners parties patent payment person plaintiff plea pleaded port prisoner profits proposition purchase question reason referred regulations respect respondent rule sailing says schooner ship statement Steamboat steamer sufficient suit Supreme Court testimony tion trial United vessel voyage warehouse Westernport wharf witness writ of right
Popular passages
Page 120 - ... to establish a defence on the ground of insanity, it must be clearly proved that at the time of the committing of the act the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 129 - ... as if the executor or administrator had voluntarily made himself a party to the suit...
Page 118 - ... doing, a knowledge and consciousness that the act he is doing is wrong and criminal, and will subject him to punishment. In order to be responsible he must have sufficient power of memory to recollect the relation in which he stands...
Page 11 - Section 8 of the act provides " that if any person or persons shall commit upon the high seas, or in any river, haven, basin or bay, out of the jurisdiction of any particular State...
Page 22 - is deserving of the highest credit, because it is presumed to flow from the strongest sense of guilt, and therefore it is admitted as proof of the crime to which it refers...
Page 578 - A liberal construction should be placed upon written Instruments, so as to uphold them, if possible, and carry into effect the Intention of the parties.
Page 15 - ... to falsify the matter wherein the perjury is assigned, without setting forth the bill, answer, information, indictment, declaration, or any part of any record or proceeding, either in law or equity, or any affidavit, deposition, or certificate, other than as hereinbefore stated, and without setting forth the commission or authority of the court or person before whom the perjury was committed.
Page 11 - April, 1790,(i) provides that "If any person or persons shall commit upon the high seas, or in any river, haven, basin or bay, out of the jurisdiction of any particular state, murder or robbery, or any other offence which if committed within the body of a county, would by the laws of the United States be punishable with death...
Page 541 - That any person or persons having discovered or invented any new and useful art, machine, manufacture, or composition of matter, or any new and useful improvement on any art, machine, manufacture, or composition of matter...
Page 38 - Every man who has a share of the profits of a trade ought also to bear his share of the loss. And if any one takes part of the profit he takes a part of that fund on which the creditor of the trader relies for his payment.