Commission Under the Convention Between the United States & Paraguay: Statements and Arguments for Claimants and for the Republic, and Opinion and Award of CommissionersH. Polkinhorn, Printer, 1860 - Počet stran: 163 |
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Strana 22
... tion of wrong still remained to be determined , there is abund ant evidence in the case to satisfy the most reluctant mind . The same facts which convinced Governor Marcy , which convinced General Cass , which convinced President Buch ...
... tion of wrong still remained to be determined , there is abund ant evidence in the case to satisfy the most reluctant mind . The same facts which convinced Governor Marcy , which convinced General Cass , which convinced President Buch ...
Strana 27
... tion , but with its manifest approval , is now weighed down with conditions which are manifestly inconsistent with its ex- istence . No land , no factory , no title , no general agent , no business meetings - what could be done with the ...
... tion , but with its manifest approval , is now weighed down with conditions which are manifestly inconsistent with its ex- istence . No land , no factory , no title , no general agent , no business meetings - what could be done with the ...
Strana 31
... tion of these wrongs , we appeal to them for redress . We come now to the real question in the case . We come to the question of damages . The aggravated wrong being established , the wrongdoer is , of course , bound to make in- demnity ...
... tion of these wrongs , we appeal to them for redress . We come now to the real question in the case . We come to the question of damages . The aggravated wrong being established , the wrongdoer is , of course , bound to make in- demnity ...
Strana 33
... tion , however , that both the ships were selected with care and judgment , and that the disasters which befel them are beyond the reach of ordinary prudence on the part of the company to avoid . The history of the " El Paraguay " is ...
... tion , however , that both the ships were selected with care and judgment , and that the disasters which befel them are beyond the reach of ordinary prudence on the part of the company to avoid . The history of the " El Paraguay " is ...
Strana 36
... tion of this rule , as against a wrongdoer , is extremely able , and supported by the most respectable authorities . But the consideration of probable profits as an element of present value , is allowed in cases of tort by the best of ...
... tion of this rule , as against a wrongdoer , is extremely able , and supported by the most respectable authorities . But the consideration of probable profits as an element of present value , is allowed in cases of tort by the best of ...
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affidavit agent alleged allowed American citizens amount applied Asuncion authority barrack Bowlin Buenos Ayres C. E. Hopkins Captain CARLOS ANTONIO LOPEZ cigar factory claim claimants commission commissioners conduct consul convention cost counsel cree damages decree demand despatch doubt el Señor Presidente employés enterprise ernment establishment Estados Unidos estimate evidence expedition expenditure expenses expulsion fact favor Ferguson government of Paraguay Governor Marcy guay injury insult interest introduced into Paraguay inventor judgment judicial justice labor land letter liability license Lieutenant Page Lieutenant Powell loss machinery Marcy ment mill Montevideo Morales officers operations outrages pany Paraguay Navigation Company Paraguay river Paraguayan government parties patent persons President Lopez privileges proceedings profits proof purchase question Republic of Paraguay respect San Antonio saw-mill says Secretary sold soldier South America steam testimony thousand dollars tion treaty United vessel Water Witch whole witness wrong
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Strana 32 - But we think the real answer to the objection is, that no wrongdoer can be allowed to apportion or qualify his own wrong ; and that as a loss has actually happened whilst his wrongful act was in operation and force, and which is attributable to his wrongful act, he cannot set up as an answer to the action the bare possibility of a loss, if his wrongful act had never been done.
Strana 111 - I The Government of the Republic of Paraguay binds itself for the responsibility in favor of the "United States and Paraguay Navigation Company," which may result from the decree of commissioners, who, it is agreed, shall be appointed as follows.
Strana 101 - The probable or possible benefits of a voyage, as yet in fieri, can never afford a safe rule by which to estimate damages in cases of marine trespass. There is so much uncertainty in the rule itself, so many contingencies which may vary or extinguish its application, and so many difficulties in sustaining its legal correctness, that the court can not believe it proper to entertain it.
Strana 37 - States believe it to be their duty, and they mean to execute it, to watch over the persons and property of their citizens visiting foreign countries, and to intervene for their protection when such action is justified by existing circumstances and by the law of nations. Wherever their citizens may go through the habitable globe, when they encounter injustice they may appeal to the government of their country, and the appeal will be examined into with a view to such action in their behalf as it may...