Reports of Cases Argued and Determined in the Superior Court of the City of New York [1828-1829]: 1829W. C. Little, 1833 - Law reports, digests, etc |
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Common terms and phrases
admitted affidavit agent agreement alleged amount Anthon appeared assumpsit Att'y averment bill of sale bond bound brig Candler cause of action charged the jury charter-party city of New-York claim Company consideration contended contract counsel count court Cowen's creditors dant Davis debt declaration defendant defendant's delivered demurrer discharge dollars Eatonton endorsed evidence executed fact fendant fraud fraudulent Gilfert Grand Jury guaranty held indictment issue John John Searle Judge judgment June Term Justice Kelly Lawrence liable ment Milledgeville Minturn Morris Canal mortgagee nonsuit OAKLEY objection Ogden Omoa opinion owner paid parol parties payment person Petit plaintiffs plea pleaded plff possession Powers principle promise proof prosecution proved purchase question received recover repairs replication rotten Scovell ship sufficient suit surety survey testified testimony tiffs tion trial trust turpentine unseaworthy verdict vessel voyage warranty Williamson witness
Popular passages
Page 616 - It is a first principle in the law of insurance, on all occasions, that where a representation is material it must be complied with - if immaterial, that immateriality may be inquired into and shown; but that if there is a warranty it is part of the contract that the matter is such as it is represented to be. Therefore the materiality or immateriality signifies nothing.
Page 12 - States, and that there is no subject or citizen of any foreign prince or state, directly or indirectly, by way of trust, confidence, or otherwise, interested in such vessel, or in the profits or issues thereof...
Page 251 - ... subject to the opinion of the court upon a case to be made, with liberty to either party to turn the same into a bill of exceptions, and subject to adjustment at the custom-house as to the amount.
Page 608 - And this policy is made and accepted in reference to the terms and conditions hereto annexed, which are to be used and resorted to in order to explain the rights and obligations of the parties hereto, in all cases not herein otherwise specially provided for.
Page 508 - That the capital stock of such company shall not exceed one hundred thousand dollars; and it shall be lawful for the trustees to call and demand from the stockholders respectively all such sums of money by them subscribed...
Page 411 - In general, the parties are deemed to have contemplated only the damages and injury which the creditor might suffer from the non-performance of the obligations in respect to the particular thing which is the object of it, and not such as may have been accidentally occasioned thereby in respect to his own (other) affairs.
Page 501 - It is said by Chancellor Kent that the authority of an agent may be revoked by the lunacy of a principal, but the better opinion would seem to be that the fact of the existence of the lunacy must have been previously established by inquisition before it could control the operation of the power.
Page 621 - ... so long as the same shall be so appropriated, applied, or used, these presents shall cease and be of no force or effect.
Page 469 - ... thereafter be disqualified from collecting any debt or debts incurred by such practice, in any court or before any magistrate in this State.
Page 415 - Where two acts are to be done at the same time, as where A covenants to convey an estate to B on such a day, and in consideration thereof B covenants to pay A a sum of money on the same day, neither can maintain an action without...