Reports of Cases Adjudged in the Supreme Court of Judicature of the State of New York: From January Term, 1799, to January Term, 1803, Both Inclusive : Together with Cases Determined in the Court for the Correction of Errors, During that Period, Volume 3Banks, Gould, 1849 "Cases selected from the manuscript notes of Mr. Justice Radcliff [1794-1805]"--Vol. 3. p. [415]-611. |
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Página 10
... voyage , without convoy , and was cap- tured by a French privateer . This was held not to be a deviation , the mas- ter having acted bona fide , and with the sole view to avoid danger , and to seek the safest course to New - York . THIS ...
... voyage , without convoy , and was cap- tured by a French privateer . This was held not to be a deviation , the mas- ter having acted bona fide , and with the sole view to avoid danger , and to seek the safest course to New - York . THIS ...
Página 11
... voyage , as above mentioned . About two days before the schooner left Demarara , there was a British sloop of war ... voyage , which was manifestly a deviation , and that , therefore , the policy was discharged . 2. Admitting that the ...
... voyage , as above mentioned . About two days before the schooner left Demarara , there was a British sloop of war ... voyage , which was manifestly a deviation , and that , therefore , the policy was discharged . 2. Admitting that the ...
Página 12
... voyage , with the outward- bound cargo to Demarara , was performed . That voyage cannot therefore constitute a deviation . 2. It remains to be considered whether the route to the lee- ward , or the touching and stay at the port of ...
... voyage , with the outward- bound cargo to Demarara , was performed . That voyage cannot therefore constitute a deviation . 2. It remains to be considered whether the route to the lee- ward , or the touching and stay at the port of ...
Página 13
... voyage to seek for convoy . 1. The first charge of deviation is of no avail , because , the policy had not then attached . The policy was on the home- ward cargo , beginning from the lading of the goods on board at Surinam . As soon as ...
... voyage to seek for convoy . 1. The first charge of deviation is of no avail , because , the policy had not then attached . The policy was on the home- ward cargo , beginning from the lading of the goods on board at Surinam . As soon as ...
Página 14
... voyage insured ? It is in proof that the master had reason to fear he should meet with French privateers , if he pursued the windward [ * 15 ] passage home , and that the leeward passage , * which he took , was very frequently adopted ...
... voyage insured ? It is in proof that the master had reason to fear he should meet with French privateers , if he pursued the windward [ * 15 ] passage home , and that the leeward passage , * which he took , was very frequently adopted ...
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Reports of Cases Adjudged in the Supreme Court of Judicature of the State of ... New York Court Pré-visualização indisponível - 2019 |
Palavras e frases frequentes
action admitted afterwards agreement appears appellant applied assumpsit authority bill bond Cadiz captain cargo cause cents charge charter-party circumstances claim commencement common law consideration considered contract court court of chancery Croswell damages debt decision declaration deed defendant delivered demand Demarara demurrage demurrer doctrine dollars endorsed entitled estopped estoppel evidence execution fact freight ground heirs held house of lords indictment insured intent interest Jackson Johns Jones judge judgment jury justice KENT lands liable libel Lord Lord Mansfield Malibran ment mortgage objection Old note opinion paid party payment person plaintiff plea pleaded port possession premises premium present principle proceeds promissory note proof proved purchase question RADCLIFF reason received recital recover Rhinelander rule sailed ship Star Chamber statute sufficient suit Surinam tender Term Rep testator tion total loss trial usurious verdict vessel voyage Wend witness York
Passagens conhecidas
Página 409 - That the printing presses shall be free to every person who undertakes to examine the proceedings of the legislature or any branch of government : and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man ; and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty.
Página 334 - ... such regulations as may be provided by law, relative to the manner of applying for pardons. Upon conviction for treason, he shall have power to suspend the execution of the sentence, until the case shall be reported to the legislature, at its next meeting, when the legislature shall either pardon, or commute the sentence, direct the execution of the sentence, or grant a further reprieve.
Página 409 - In all prosecutions or indictments for libel, the truth may be given in evidence to the jury ; and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives and for justifiable ends, the party shall be acquitted ; and the jury shall have the right to determine the law and the fact.
Página 142 - The summons shall be served by delivering a copy thereof as follows : 1. If the suit be against a corporation, to the president or other head of the corporation, secretary, cashier, treasurer, a director, or managing agent thereof...
Página 410 - In prosecutions for the publication of papers, investigating the official conduct of officers, or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence; and, in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases.
Página 389 - The last right we shall mention, regards the freedom of the press. The importance of this consists, besides the advancement of truth, science, morality, and arts in general, in its diffusion of liberal sentiments on the administration of Government...
Página 142 - The order must direct the publication to be made in a newspaper, to be designated, as most likely to give notice to the person to be served...
Página 202 - But it is out of regard to the interests of justice, which cannot be upholden, and to the administration of justice, which cannot go on without the aid of men skilled in jurisprudence, in the practice of the courts, and in those matters affecting rights and obligations which form the subject of all judicial proceedings.
Página 409 - Every citizen may freely speak, write and publish his sentiments on any subject, being responsible for the abuse of this liberty ; no laws shall be passed regulating or restraining the freedom of the press...
Página 334 - The Governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons.