Reports of Cases Argued and Determined in the Circuit Court of the United States for the Second Circuit, Volume 14Derby and Miller, 1879 - 24 páginas |
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Página 13
... evidence of his assent . If the mean- ing of such conditions is involved in any doubt , the doubt is to be resolved in his favor . The conditions in question are satisfied by the construction which has thus been placed upon them . These ...
... evidence of his assent . If the mean- ing of such conditions is involved in any doubt , the doubt is to be resolved in his favor . The conditions in question are satisfied by the construction which has thus been placed upon them . These ...
Página 23
... evidence which can either support the actual finding or form the basis for a correction in this respect by the Court . The burthen , in this respect , was upon the plaintiff ; and as the account of the profits made by the defendants ...
... evidence which can either support the actual finding or form the basis for a correction in this respect by the Court . The burthen , in this respect , was upon the plaintiff ; and as the account of the profits made by the defendants ...
Página 31
... evidence , it is estab- lished to my satisfaction , that the agreement for towing this canal - boat was not made at Poughkeepsie , but at New York , with the captain of the propeller , and that the allegations of the answer in that ...
... evidence , it is estab- lished to my satisfaction , that the agreement for towing this canal - boat was not made at Poughkeepsie , but at New York , with the captain of the propeller , and that the allegations of the answer in that ...
Página 32
... evidence there are only vague statements of great speed on the part of the claimants , which are not , in my judgment , sufficient to establish any fault on the part of the propeller in this respect . In respect to the allegation of ...
... evidence there are only vague statements of great speed on the part of the claimants , which are not , in my judgment , sufficient to establish any fault on the part of the propeller in this respect . In respect to the allegation of ...
Página 34
... evidence . A hypothecation of a vessel by her owner , to secure a pre - existing debt , which , in its origin , gave no lien on the vessel , gives no priority to such hypotheca- tion over a prior maritime lien on the vessel . ( Before ...
... evidence . A hypothecation of a vessel by her owner , to secure a pre - existing debt , which , in its origin , gave no lien on the vessel , gives no priority to such hypotheca- tion over a prior maritime lien on the vessel . ( Before ...
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498 | |
233 | |
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274 | |
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356 | |
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Outras edições - Ver tudo
Reports of Cases Argued and Determined in the Circuit Court of the ..., Volume 8 Samuel Blatchford,United States Circuit Court (2nd Circui Pré-visualização indisponível - 2015 |
Reports of Cases Argued and Determined in the Circuit Court of the ..., Volume 8 Samuel Blatchford,United States Circuit Court (2nd Circui Pré-visualização indisponível - 2015 |
Reports of Cases Argued and Determined in the Circuit Court of the ..., Volume 8 Samuel Blatchford,United States Circuit Court (2nd Circui Pré-visualização indisponível - 2015 |
Palavras e frases frequentes
action Admiralty alleged amount appears application assignee bankrupt bankruptcy BENEDICT Benjamin F bill bit shank Blatchf BLATCHFORD bolt bond boring head bottomry canal-boat cargo cause charge Circuit Court claim claimants clamping collision combination Commissioner common law Congress corporation Court of equity creditors cross-bill damages debt decision decree defendant demurrer discharge District Court entitled equity evidence execution fact filed freight granted ground Habeas Corpus held indictment infringement injunction invention issued jaws JOHNSON Judge judgment jurisdiction jury letters patent liability libellants lien Lottawanna machine manufacture maritime lien matter ment mortgage motion Mott Haven offence opinion original patent Owen owner paid parties payment person petition plaintiff plaintiffs in error proceedings proper question Railroad Company recover reissued patent Revised Statutes rule schooner shank SHIPMAN Southern District steamer suit Supreme Court swaging taken tion trial U. S. Stat United vessel York
Passagens conhecidas
Página 324 - ... the practice, pleadings, and forms and modes of proceeding existing at the time in like causes in the courts of record of the state within which such circuit or district courts are held, any rule of court to the contrary notwithstanding,
Página 326 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Página 66 - ... death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
Página 66 - Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof...
Página 66 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Página 325 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished...
Página 211 - ... to be made in such manner as the court shall direct; or the creditor may release or convey his claim to the assignee upon such property, and be admitted to prove his whole debt.
Página 194 - that no bill of sale, mortgage, hypothecation, or conveyance of any vessel, or part of any vessel, of the United States, shall be valid against any person other than the grantor or mortgagor, his heirs and devisees, and persons having actual notice thereof, unless such bill of sale, mortgage, hypothecation or conveyance be recorded in the office of the collector The William T. Graves. of the customs where such vessel is registered or enrolled...
Página 226 - Court, make rules and orders directing the returning of writs and processes, the filing of pleadings, the taking of rules, the entering and making up of judgments by default, and other matters in vacation, and otherwise regulate their own practice as may be necessary or convenient for the advancement of justice and the prevention of delays in proceedings.
Página 327 - States,' in those of equity and in those of admiralty and maritime jurisdiction, according to the principles, rules and usages which belong to courts of equity and to courts of admiralty respectively, as contradistinguished from courts of common law...