Cases Argued and Determined in the Court for the Trial of Impeachments and Correction of Errors in the State of New-York [1796-1805], Volumen 1Hopkins and Seymour, 1805 |
Términos y frases comunes
abandonment admiralty admitted ALBANY Amsterdam appears appellant assigned authority Bennett Bergen bill Bissett blockaded port bond and mortgage breach capture cause Chancellor chancery Cochran Coe & oth common law complainants consideration considered contract conveyance court Courts of equity creditor Cruxhaven debt declaration decree deed defendants demption doctrine entitled equity of redemption error evidence execution executor fact fraud gage GEORGE CAINES heirs Henry Wisner indorsement insured intent interest James Grant John Stewart judgment land liable M'Gregor ment mort mortgagor New-York notice opinion owner paid parties payment person pike Co plaintiff possession premises principle purchaser question R. S. Hallett real estate reason record redeem respondents robbery Robert Coe rule sailed Sarah Waters seal seisin sell Sir William Johnson sold statute statute of frauds Swartwout Taylor Texel Thos tion total loss trust vessel voyage William Furman
Pasajes populares
Página x - ... and the law considers an attempt to take advantage of such an accidental removal, as an attempt to break the blockade, and as a mere fraud*.
Página 95 - 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 89 - July next procure five books and in each of them enter as follows, we whose names are hereunto subscribed do for ourselves and our legal representatives promise to pay to the President, Directors and Company...
Página 15 - ... future interest in the land, it is then a power relating to the land. These last powers are subdivided into powers annexed to the estate, and powers in gross. Both are considered as powers with an interest, because the trustee of the power has an interest in the estate, as well as in the exercise of the power.
Página ix - Bout? and Company, informing them that the Columbia was intended for Amsterdam, consigned to the house of Crommelin, to whom Boue and Company are directed to send the vessel on " if the winds should continue unsteady, and keep the English cruisers off the Dutch coast " ; if not, they were to unload the cargo and forward it by the interior navigation to Amsterdam. Boue and Company accordingly direct the master " to proceed to Amsterdam if the winds should be such as to keep the English at a distance.
Página 41 - I desire it may be understood that the point here determined is, that the plaintiff, upon a policy, can only recover an indemnity according to the nature of his case at the time of the action brought, or (at most) at the time of his offer to abandon.
Página 15 - ... of the land. The power now in question answers exactly to this definition of a power with an Interest, because the mortgagee has at the same time a vested estate In the land : and it does not answer at all to the definition of a power simply collateral, for that is but a bare authority to a stranger, who has not. or ever had, any estate whatsoever.
Página 41 - The plaintiffs demand is for an indemnity. His action, then, must be founded upon the nature of his damnification, as it really is, at the time the action is brought. It is repugnant, upon a contract of indemnity, to recover as for a total loss, when the final event has decided that the damnification, in truth, is an average, or perhaps no loss at all.
Página 15 - It is admitted that a naked authority expires with the life of the person who gave it ; but a power coupled with an interest is not revoked by the death of the grantor. In my opinion, the power contained in the mortgage is of the latter description. A power simply collateral and without interest, or a naked power, is, when, to a mere stranger, authority is given...