Digest of the Decisions of the Courts of Common Law and Admiralty in the United States, Volume 3Little & Brown, 1863 - Law reports, digests, etc |
Contents
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| 12 | |
| 24 | |
| 46 | |
| 52 | |
| 58 | |
| 68 | |
| 69 | |
| 355 | |
| 381 | |
| 449 | |
| 469 | |
| 489 | |
| 496 | |
| 502 | |
| 511 | |
| 158 | |
| 331 | |
| 332 | |
| 343 | |
| 354 | |
| 521 | |
| 530 | |
| 669 | |
| 682 | |
| 723 | |
Common terms and phrases
action afterwards agent agreed agreement alleged amount appear assignment authority averment Bank bill bond bound brought cause charge claim common Commonwealth condition Conn consideration contract count court creditor damages debt debtor declaration deed defendant delivered demand demurrer discharge duty entered entitled entry evidence execution fact firm give given granted held holder indorser interest issue Johns judgment jury land liable limits maintain maker Marsh Mass matter ment mortgage mortgagor necessary notice officer original owner paid partnership party patent pauper payable payee payment person Pick plaintiff plea pleaded Port possession principal promise promissory note proof prove purchaser received record recover release replevin residence settlement Smith sold statute subsequent sufficient suit taken tenant term third tion town trial United unless verdict vessel void warranty Wend writ York
Popular passages
Page 135 - When committed upon the high seas, or on any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State...
Page 44 - Missouri statute provides that no mortgage of personal property shall be valid against any other person than the parties thereto, unless possession of the mortgaged property be delivered to and retained by the mortgagee, or unless the mortgage be recorded in the county in which the mortgagor resides.
Page 229 - The officers of the bank are held out to the public as having authority to act, according to the general usage, practice, and course of...
Page 367 - Bitters" would be held as warranting the article to be medicinal. Even in the case of the sale of provisions for domestic use, the vendor at his peril is bound to know that they are sound and wholesome ; and if they are not so, he is liable to an action on the case, at the suit of the vendee.
Page 45 - CC 289, have the same original derivation, or where one is an abbreviation or corruption of the other, but both are taken promiscuously and according to common use to be the same, though differing in sound, the use of one for the other is not a material misnomer.
Page 14 - Lincoln was employed by the defendant to make and lay a drain for him, on his own land, and extending thence to the public drain, he (Lincoln) procuring the necessary materials, employing laborers, and charging a compensation for his own services and his disbursements, he must be deemed, in a legal sense, to have been in the service of the defendant, to the effect of rendering his employer responsible for want...
Page 304 - ... made, but for two distinct and independent considerations, each going to a distinct portion of the note, and one is a consideration which the law deems valid and sufficient to support a contract, and the other not, there the contract shall be apportioned, and the holder shall recover to the extent of the valid consideration, and no further.
Page 352 - The territory lying between two rivers, Is the whole country from their sources to their mouths ; and If no branch of either of them has acquired the name, exclusive of another, the main branch, to Its source must be considered as the true river.
Page 376 - And if one set of persons have taken possession of a vessel abandoned at sea, and are endeavoring to bring it into port and save it, another set have no right to interfere with them and become participators in the salvage, unless it appears that the first would not have been able to effect the purpose without the aid of the others (g).
Page 49 - But there is nothing in our laws or in the Law of Nations that forbids our citizens from sending armed vessels, as well as munitions of war, to foreign ports for sale. It is a commercial adventure which no nation is bound to prohibit, and which only exposes the persons engaged in it to the penalty of confiscation.