Reports of Cases Determined in the Circuit Court of the United States for the Third Circuit: Comprising the Districts of Pennsylvania and New Jersey, Commencing at April Term, 1803, Volume 1P.H. Nicklin, 1826 |
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Resultados 1-5 de 71
Página 13
... contract , but the immediate cause arises ex delicto , and the claim is for damages unliquidated by express agreement , or such as will not be implied ; the certificate is not a bar ; as such a claim could not have been set up under the ...
... contract , but the immediate cause arises ex delicto , and the claim is for damages unliquidated by express agreement , or such as will not be implied ; the certificate is not a bar ; as such a claim could not have been set up under the ...
Página 14
... contract or tort , but is the plain- tiff a creditor , and does he claim a debt ? These are the opera- tive words of the statute , and their legal import must be attend- ed to . Dusar vs. Murgatroyd . It is not the breach of 14 ...
... contract or tort , but is the plain- tiff a creditor , and does he claim a debt ? These are the opera- tive words of the statute , and their legal import must be attend- ed to . Dusar vs. Murgatroyd . It is not the breach of 14 ...
Página 15
... contract which creates a debt . If a carpenter covenant to build a house , and then refuses to do it , or does it unskilfully , though there is a contract , yet the immediate ground of the action is an injury , for which the plaintiff ...
... contract which creates a debt . If a carpenter covenant to build a house , and then refuses to do it , or does it unskilfully , though there is a contract , yet the immediate ground of the action is an injury , for which the plaintiff ...
Página 41
... not privy nor consenting to the rule ; and who are and can be under no legal obligation to know of its existence . It is a law governing this species of F M'Gregor vs. The Insurance Company of Pennsylvania . contract , APRIL TERM , 1803 .
... not privy nor consenting to the rule ; and who are and can be under no legal obligation to know of its existence . It is a law governing this species of F M'Gregor vs. The Insurance Company of Pennsylvania . contract , APRIL TERM , 1803 .
Página 42
... contract , different from the general law upon the subject , and varying the general rules of evidence . I will not say , that if both parties consented , the assured might not bind himself to agree to such a mode of adjustment ; or ...
... contract , different from the general law upon the subject , and varying the general rules of evidence . I will not say , that if both parties consented , the assured might not bind himself to agree to such a mode of adjustment ; or ...
Palavras e frases frequentes
abandon acres action actual settlement admitted agent agreement Algesiras amount Andrew Allen appear assignee attainder attorney Bankrupt Law bankruptcy bill bill of lading bond bottomry Brenell BUSHROD WASHINGTON Cape François captain cause Charleston cited claim Clow & Cay commission consequence consignee contended contract counsel Court of Equity creditors damages debt due declares deed defendant defendant's dollars ejectment entitled equity evidence execution fact fendant freight given ground Hadfield Huideköper Hurst hypothecation Ingersoll John Fagg judgment jurisdiction Kingston land in question Lessee letter loss M'Claws manor Medford ment notice objection opinion owner paid party payment Penn Pennsylvania person Philadelphia plaintiff port possession proprietary prove purchase received recover referees RICHARD PETERS rule ship sold supra-cargo Supreme Court survey surveyor tion tract treaty trial underwriters Union Insurance Company United verdict voyage warrant WASHINGTON William Penn witness
Passagens conhecidas
Página 4 - That nothing contained in this law shall in any manner affect the right of preference to prior satisfaction of debts due to the United States as secured or provided by any law heretofore passed...
Página 212 - ... be re-examinable in a court of common law, or a court of equity; and no reason is discerned why the sentence of a court of admiralty, under the same circumstances, should not be re-examinable in a court of admiralty. " This reasoning is not at variance with the decision that the sentence of a foreign court of admiralty, condemning a vessel or cargo as enemy property, is conclusive in an action against the underwriters on a policy in which the property is warranted to be neutral. " It is not at...
Página 23 - That if any such actual settler, or any grantee in any such original or succeeding warrant, shall by force of arms of the enemies of the United States, be prevented from making such actual settlement, or be driven therefrom, and shall persist in his...
Página 360 - Johns. give the question, we are of opinion, that to " destroy a vessel," is to unfit her for service, beyond the hopes of recovery by ordinary means. This, as to the extent of the injury, is synonymous with •' cast away;
Página 8 - Congress must possess the choice of means and must be empowered to use any means which are in fact conducive to the exercise of a power granted by the Constitution. The Government is to pay the debt of the Union and must be authorized to use the means which appear to itself most eligible to effect that object. It has, consequently, a right to make remittances by bills, or otherwise, and to take those precautions which will render the transaction safe.
Página 533 - ... the trial of crimes committed on the high seas, or in any place out of the jurisdiction of any particular state, shall be in the district where the offender is apprehended, or into which he may first be brought.
Página 229 - That writs of habeas corpus shall in no case extend to prisoners in gaol, unless where they are in custody, under or by colour of the authority of the United States, or are committed for trial before some court of the same, or lire necessary to be brought into court to testify.
Página 5 - ... for the purpose of showing a balance against such person, to produce a transcript from the books and proceedings of the Treasury, as required in civil cases, under the provisions of the ac.t entitled " An act to provide more effectually for the settlement of accounts between the United States and receivers of public money...