Cases Argued and Determined in the Court for the Trial of Impeachments and Correction of Errors, in the State of New-York. [1796-1805], Volúmenes1-2
I. Riley, 1810
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abandonment action admitted agreement ALBANY allowed amount answer appears appellant apply arising assignment assured authority bill blockade bond bound cause chancery circumstances Company complainants conclusive condemnation consequence consideration considered contract court debt decision decree defendant determine direct dollars effect entitled equally equity error established evidence examination execution exist fact foreign give given grant ground held insured intent interest judge judgment jurisdiction land liable loss Ludlow matter ment mills mortgage mortgagor nature necessary neutral never notice object opinion original paid parties payment person plaintiff port possession present principle proceeds proof proved purchase question reason received recover redemption relation respect respondent rule sentence ship Simond sold statute sufficient suit taken tion trust United vessel warranty White whole witnesses
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.