Cases Argued and Determined in the Court for the Trial of Impeachments and Correction of Errors in the State of New-York [1796-1805], Svazek 1
Hopkins and Seymour, 1805
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abandonment action admitted ALBANY allowed amount Amsterdam answer appears appellant apply assigned assured attempt authority Bergen bill blockade bond cause chancery charge circumstances Cochran common complainants consequence consideration considered contained contract court creditor debt decree deed defendants determined direct effect entitled equity of redemption error established evidence exceptions execution executor existence fact Furman give given Grant ground held insured intent interest John judge judgment land letter liable loss master ment mort mortgage mortgagor necessary never notice object opinion owner paid parties payment person plaintiff port possession present principle proof proved purchase question real estate reason received record relation respect respondents robbery rule seal sell share sold statute sufficient taken term Thos tion trust United vessel whole witnesses
Strana 2 - BBOWN, of the said district, hath deposited in this office the title of a book, the right whereof he claims as author, in the words following, to wit : " Sertorius : or, the Roman Patriot.
Strana 95 - been adopted by all the authorities, that ' a statute made " ' in the affirmative, without any negative expressed or " ' implied, doth not take away the common law.
Strana 89 - July next procure five books and in each of them enter as follows, we whose names are hereunto subscribed do for ourselves and our legal representatives promise to pay to the President, Directors and Company...
Strana 15 - ... future interest in the land, it is then a power relating to the land. These last powers are subdivided into powers annexed to the estate, and powers in gross. Both are considered as powers with an interest, because the trustee of the power has an interest in the estate, as well as in the exercise of the power.
Strana ix - Bout? and Company, informing them that the Columbia was intended for Amsterdam, consigned to the house of Crommelin, to whom Boue and Company are directed to send the vessel on " if the winds should continue unsteady, and keep the English cruisers off the Dutch coast " ; if not, they were to unload the cargo and forward it by the interior navigation to Amsterdam. Boue and Company accordingly direct the master " to proceed to Amsterdam if the winds should be such as to keep the English at a distance.
Strana 41 - I desire it may be understood that the point here determined is, that the plaintiff, upon a policy, can only recover an indemnity according to the nature of his case at the time of the action brought, or (at most) at the time of his offer to abandon.
Strana 15 - ... of the land. The power now in question answers exactly to this definition of a power with an Interest, because the mortgagee has at the same time a vested estate In the land : and it does not answer at all to the definition of a power simply collateral, for that is but a bare authority to a stranger, who has not. or ever had, any estate whatsoever.
Strana 41 - The plaintiffs demand is for an indemnity. His action, then, must be founded upon the nature of his damnification, as it really is, at the time the action is brought. It is repugnant, upon a contract of indemnity, to recover as for a total loss, when the final event has decided that the damnification, in truth, is an average, or perhaps no loss at all.
Strana 15 - It is admitted that a naked authority expires with the life of the person who gave it ; but a power coupled with an interest is not revoked by the death of the grantor. In my opinion, the power contained in the mortgage is of the latter description. A power simply collateral and without interest, or a naked power, is, when, to a mere stranger, authority is given...