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abandonment according action admitted affidavit againſt agent agreement ALBANY allowed amount appear apply Auguſt authority award becauſe benefit bill bond bound brought captain cargo caſe cauſe charge circumstances claim common condition considered contract coſts count court curiam debt decided deed defendant delivered demand determined directed effect entered entitled evidence execution fact firſt fraud give given grant ground held inſurance intended John judge judgment jury lands letter liable loſs matter ment motion muſt NEW-YORK notice objection opinion owner paid parties payment perſon plaintiff plea pleaded port preſent principle proceedings prove purchaſe queſtion reaſon received recover repairs rule ſame ſay ſhall shew ship ſhould ſtate ſuch ſufficient taken term theſe thing tion trial underwriter verdict vessel voyage warranty whole
Página 118 - The judge overruled the objection, and a verdict was taken for the plaintiff by consent, subject to the opinion of the whole court.
Página 42 - The consignor may stop goods in transitu before they get into the hands of the consignee in case of the insolvency of the consignee; but if the consignee...
Página 67 - Goods ; (2) or that the Sheriff shall deliver to him all the Chattels of the Debtor (saving only his Oxen and Beasts of his Plough) and the one half of his Land, until the Debt be levied upon a reasonable Price or Extent.
Página 71 - An owner cannot commit barratry. He may make himself liable by- his fraudulent conduct to the owner of the goods, but not as for barratry.
Página 59 - The question, therefore, must always be " whether there was, under all the circumstances at the time the policy was underwritten, a fair representation ; or a concealment ; fraudulent, if designed ; or, though not designed, varying materially the object of the policy, and changing the risk understood to be run.
Página 55 - ... action upon the case against him. But note: It behoveth that he warrant it to be good, and the horse to be sound, otherwise the action will not lie. For if he sell the wine or horse without such warranty, it is at the other's peril, and his eyes and his taste ought to be his judges in the case; 26 H.
Página 264 - I find it laid down, that, where a ship is obliged to put into port for the benefit of the whole concern, the charges of loading and unloading the cargo and taking care of it, and the wages and provisions of the workmen hired for the repairs, become general average.
Página 54 - I see no injustice or inconvenience resulting from this doctrine, but, on the contrary, think it best calculated to excite that caution and attention which all prudent men ought to observe in making their contracts. I am therefore of opinion with the defendant, on the first point, which renders it unnecessary for me to examine the other question raised on the argument.