Imágenes de páginas
PDF
EPUB

694

[graphic]

2. Neither the marriage of a female
with an alien husband, nor her resi-
dence in a foreign country, will con-
stitute her an alien, so as to prevent
her taking real estate in this state
ib
by devise.

[ocr errors]

arbitrators should then decide, ac-

tion, by an attorney, is not of itself
sufficient evidence of the intent
mentioned in the statute. The ille-
gal intent and purpose must be
proved.
ib

the expenses of grading a public | 3. The mere purchase of a chose in ac-
street or avenue, upon and amongst
the owners and occupants of the
lands benefited by such improve-
ments in proportion to the amount
of such benefits and the estimated
expense. MORSE, J. dissenting.
The People v. The Mayor, &c. of
Brooklyn,
535

2. Accordingly, where the expenses of
grading an avenue in the city of
Brooklyn were apportioned, not up-
on all the lands in the city, but upon
seventy-three lots of ground upon
or immediately adjacent to the
avenue, the property of seventeen
different proprietors, and the as-
sessments were to be collected from
them in consideration of the bene-
fits and advantages which such lands
would derive from the improve-
ment of the street; Held that the
proceedings were illegal and void,
and the assessment was vacated and
set aside. MORSE, J. dissenting. ib

3. Money, collected upon an assess-
ment for grading a public avenue
in a city, is property, within the mean-
ing of the section of the constitution,
which provides that "private prop-
erty shall not be taken for public
use, without just compensation." ib

See CERTIORARI.
COMPENSATION.

ASSIGNMENT.

See DEBTOR AND CREDITOR.

ATTACHMENT.
See AFFIDAVIT.

ATTORNEYS.

1. A mortgage is a chose in action.
The statute prohibiting attorneys,
&c. from buying choses in action
with the intent or for the purpose
of bringing suits thereon, extends
to suits in equity. Hall v. Bart-
lett,
297

2. But a proceeding to foreclose a
mortgage by advertisement, is not

B

[blocks in formation]

a suit in any court, within the mean- A discharge under the bankrupt act
ing of that statute.

ib

of 1841 may be pleaded in bar to

696

an action upon a judgment founded
on a debt existing when the bank-
rupt filed his petition, but which
judgment was recovered before the
discharge was granted, so that the
defendant had no opportunity of
pleading such discharge, in the suit.
498
Fox v. Woodruff,

BARGAIN AND SALE.

See DEED, 1.

BETS.

1. A bet, on the subject of an election,
is void at common law, as being

statute, and has no authority to en-
tertain claims not presented in the
mode, and within the period, pre-
scribed by the statute creating it
and defining its powers. The Peo-
ple, ex. rel. Buell, v. The Canal Ap-
496
praisers,
2. Accordingly, held, that the apprais-
ers had no jurisdiction in respect to
claims for damages not made within
one year after the appropriation by
the state of the lands, waters, or
streams taken for the use of the
canal.
ib

CASES OVERRULED, ETC.

against public policy. Like v. Thomp: 1. Matheson v. Weller, (3 Denio, 52,)

son,

315

overruled. Cole v. Stevens,

676

[blocks in formation]

2. Such a contract may be rescinded
by either party, while it is execu-
tory, but not after it has been de-
ib
cided.

3. An action of trover will not lie, at
common law, to recover from a
stakeholder the value of a watch
staked on the result of an election,
where notice not to deliver the
watch to the winning party was not
given to the defendant till two
weeks after the election; though at
the time such notice was given, the
watch still remained in the hands of
ib
the stakeholder.

[blocks in formation]

ruff,

CERTIORARI.

The act of a municipal corporation, in
confirming an assessment for grad-
ing an avenue, is an exercise of ju-
dicial authority; and the proceed-
ings may therefore be removed into
the supreme court, by the common
law writ of certiorari, for review.
The People, ex rel. Griffing, v. The
535
Mayor, &c. of Brooklyn,

[merged small][merged small][merged small][merged small][merged small][merged small][ocr errors]
[blocks in formation]

1. An instrument by which one party
agrees to sell and the other to pur-
chase, certain personal property, at
a specified price, and that the vendor
shall retain a lien upon the property
until the puschase price is paid, is
in the nature of a chattel mortgage.
Dunning v. Stearns,
630

2. Where ashes, in an ashery, were
among the articles embraced in such
an instrument, but the number of
bushels was left in blank; Held that
the omission to specify the quantity
did not render the instrument void
for uncertainty; but that as between
the parties, it was competent to
prove by parol evidence the quanti-
ty intended.

ib

[blocks in formation]

ish all distinction between legal and
equitable remedies. Crary v. Good-
man,
657

2. By that section one form of proceed-
ing is made common to both legal
and equitable actions. One mode
is prescribed for the prosecution of
rights and remedies, whether legal
or equitable; but the pre-existing
distinction between those rights and
remedies which the common law en-
forced, and those which equity alone
could protect and administer, re-
mains untouched.
ib

COMMON CARRIERS.

On the 6th of October, 1846, the plain-
tiffs shipped, at Albany, three cases
of goods for Buffalo, on a canal boat.
A bill of lading was made out by the
plaintiffs and forwarded by the cap-
tain of the canal boat, with direc-
tions to deliver the goods in the bill
as addressed, and collect the charges
for transporting on the canal. The
three cases were marked, on the
bill, "A. B. Case, Chicago, by ves-
sel, care of Sears & Griffith, Buffalo."
The cases were received by Sears &
Griffith (the defendants) at Buffalo,
on the 14th of October, and they
paid the canal charges, indorsing a
receipt therefor, and a memorandum
of the receipt of the goods, on the
bill of lading. The defendants were
at the time engaged in the forward-
ing and commission business, at B.
That was their principal business,
but they were interested to some
extent in a transportation line, on
the canal, and also in at least one
vessel carrying freight upon the
lakes. On the 17th of October the
defendant shipped the goods on
board the schooner C. a transient
vessel, which ran between Buffalo
and Chicago, in which they had no
interest. They took the captain's
receipt, and made a bill of lading
for the goods, agreeing with the cap-
tain as to the amount of freight he
should receive. The vessel was a
good one, and her captain in good
credit. In an action against S. & G.
to recover the value of one of the
cases of goods, which was lost, and
not delivered at Chicago, Held, 1.
That the legal import of the memo-
randum was, not that the goods

should be stored at Buffalo, and that
the defendants should act as agents
of the plaintiffs in procuring a car-1.
rier of them from Buffalo to Chica-
go; but that they were consigned
to the defendants at B., with a re-
quest or direction that they should
be carried, by vessel, from B. to
Chicago. 2. That the defendants,
receiving the goods, with the accom-
panying memorandum, and trans-
porting or causing the same to be
transported, by vessel, to Chicago,
were to be regarded as impliedly
contracting to carry; and that upon
such receipt the risk of a carrier,
and not that of a warehouseman or
forwarder, attached. Teall v. Sears,
317

[blocks in formation]

2.

COMPTROLLER'S DEED.

A deed executed by the comptroller
to a purchaser, upon a sale of lands
for taxes, which purports to be given
in pursuance of the statute relative
to the assessment and collection of
taxes, and recites a sale of the land
for taxes, to the grantee, by virtue
of that statute, is valid, although it
is not executed in the name of the
people. Leggett v. Rogers, 406

An error in the notice given to the
occupant, on a sale of lands for tax-
es, as to the amount claimed to be
due for taxes, per centage, &c. will
not vitiate a deed executed by the
comptroller to the purchaser at the
sale.
ib

[blocks in formation]
« AnteriorContinuar »