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Reports of Cases Argued and Determined in the Supreme Court: And ..., Volume 4
Visualização completa - 1836
action admitted adverse possession agreement ALBANY allowed amount answer appear applied attorney authority Bank bill bound brought called cause charge circuit circumstances cited claim common consideration considered contract costs counsel court covenant Cowen Curia damages debt decided deed defendant delivered demand denied entitled escape evidence exceptions execution fact give given granted ground held intended interest issue Jackson John judge judgment jury justice land latter loss master ment motion moved necessary notice objection opinion owner paid parties passed payment person plaintiff plea pleaded possession principle proceedings promise proof proved purchase question reason received record recover refused relation repairs replication river rule statute sufficient suit taken term tion town trial UTICA verdict vessel whole witness
Página 447 - ... holder and proprietor of such bill, and shall be entitled to recover, notwithstanding there may be on it one or more...
Página 189 - ... one person being in fault will not dispense with another's using ordinary care for himself Two things must concur to support this action. An obstruction in the road by the fault of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff.
Página 530 - ... every man for his passage pays a toll, which is a common charge, and every ferry ought to be under a public regulation, viz., that it give attendance at due times, keep a boat in due order, and take but reasonable toll; for if he fail in these he is finable.
Página 740 - Secondly, it was resolved, that when any deed is altered in a point material, by the plaintiff himself, or by any stranger, without the privity of the obligee, be it by interlineation, addition, rasing, or by drawing of a pen through a line, or through the midst of any material word, that the deed thereby becomes void : as if a bond is to be made to the Sheriff for appearance, &c.
Página 532 - But though the King is the owner of this great waste, and as a consequent of his propriety hath the primary right of fishing in the sea and the creeks and arms thereof; yet the common people of England have regularly a liberty of fishing in the sea or creeks or arms thereof, as a public common of piscary, and may not without ' injury to their right be restrained of it, unless in such places, creeks or navigable rivers, where either the King or some particular subject hath g-ained a propriety exclusive...
Página 684 - From the variety of cases relative to judgments being given in evidence in civil suits these two deductions seem to follow as generally true: First, that the judgment of a court of concurrent jurisdiction directly upon the point is as a plea a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another court...
Página 669 - Insurance is a contract upon speculation. The special facts, upon which the contingent chance is to * be computed, lie most commonly in the knowledge of the insured only : the underwriter trusts to his representation, and proceeds upon confidence that he does not keep back any circumstance in his knowledge, to mislead the underwriter into a belief that the circumstance does not exist, and to induce him to estimate the risk as if it did not exist.
Página 534 - If a subject hath land adjoining the sea, and the violence of the sea swallow it up, but so that yet there be reasonable marks to continue the notice of it; or though the marks be defaced; yet if by situation and extent of quantity, and bounding upon the firm land, the same can be known, though the sea leave this land again, or it be by art or industry regained, the subject doth not lose his propriety; and accordingly it was held by Cooke and Foster, M. 7 Jac. CB, though the inundation continue forty...
Página 630 - And in case of any other insurance upon the property hereby insured, whether prior or subsequent to the date of this policy, the insured shall not in case of loss or damage be entitled to demand or recover on this policy any greater portion of the loss or damage sustained than the amount hereby insured shall bear to the whole amount insured on the said property.