Cases Argued and Determined in the Court for the Trial of Impeachments and Correction of Errors, in the State of New-York. [1796-1805], Volúmenes1-2I. Riley, 1810 |
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Cases Argued and Determined in the Court for the Trial of Impeachments and ... George Caines Sin vista previa disponible - 2019 |
Términos y frases comunes
abandonment admiralty admitted agreement ALBANY answer appears appellant assignment assured authority bill blockade bond and mortgage bottomry Buildemaker capture cause Chancellor complainants condemnation considered contract conveyance court of chancery court of equity creditor debt decision declaration decree deed defendant demurrer discharge doctrine dollars entitled equity of redemption Evertson evidence execution executor fact foreign fraud grant Hamburgh Henry Wisner Hugh White intent interest judge judgment jurisdiction jury land Leremboure liable Livingston Ludlow M'Gregor matter ment mills mort mortgage mortgagor neutral New-York notice opinion paid parties payment person plaintiff plaintiff in error port possession principle proof purchase question reason recover redeem respect respondent rule seisin sentence ship Simond sold statute statute of frauds suit surety testimony Thomas Waters tion total loss trust underwriter Union Turnpike United Insur usury Vandenheuvel vessel warranty witnesses
Pasajes populares
Página 151 - Where the law antecedently to the revision was settled, either by clear expressions in the statutes, or adjudications on them, the mere change of phraseology shall not be deemed or construed a change of the law, unless such phraseology evidently purports an intention in the legislature to work a change.
Página 57 - Without these constant acts of mutual kindness and assistance, the course of business and commerce would be prodigiously impeded and disturbed. It becomes then excessively important to have the rule established, that a surety is never to be implicated beyond his specific engagement.
Página 264 - ... think themselves aggrieved may appeal ; and this superior court judges by the same rule which governs the Court of Admiralty, viz. the law of nations, and the treaties subsisting with that neutral power whose subject is a party before them. If no appeal is offered it is an acknowledgment of the justice of the sentence by the parties themselves, and conclusive.
Página 15 - It is the possession of the legal estate, or a right in the subject over which the power is to be exercised, that makes the interest in question.
Página 80 - USURY, in a strict sense, is a contract upon the loan of money, to give the lender a certain profit for the use of it, upon all events, whether the borrower made any advantage of it, or the lender...
Página 89 - Road the sum of forty dollars for every share of stock in the said company set opposite to our respective names, in such manner and proportion, and at such time and place as shall be determined by the said president directors and company...
Página 93 - been adopted by all the authorities, that ' a statute made " ' in the affirmative, without any negative expressed or " ' implied, doth not take away the common law.
Página xviii - All commerce is entirely prohibited with a besieged town. If I lay siege to a place, or only form the blockade, I have a right to hinder any one from entering, and to treat as an enemy whoever attempts to enter the place, or carry any thing to the besieged, without my leave.
Página 110 - To allow a statute, having for its object the prevention of frauds, to be interposed in bar of the performance of a parol agreement, in part performed, would evidently encourage the mischiefs the legislature intended to prevent.
Página 11 - But if a man maketh a deed of feoffment to another, and a letter of attorney to one to deliver to him seisin by force of the same deed...