Cases Argued and Determined in the Court for the Trial of Impeachments and Correction of Errors in the State of New-York [1796-1805], Том 2

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Страница 146 - April, one thousand seven hundred and seventy-seven, which have not since expired, or been repealed or altered ; and such acts of the Legislature of this State as are now in force, shall be and continue the law of this State, subject to such alterations as the Legislature shall make concerning the same.
Страница 259 - ... think themselves aggrieved may appeal ; and this superior court judges by the same rule which governs the Court of Admiralty, viz. the law of nations, and the treaties subsisting with that neutral power whose subject is a party before them. If no appeal is offered it is an acknowledgment of the justice of the sentence by the parties themselves, and conclusive.
Страница 198 - A mortgage of personal effects "is a pledge and more; for it is an absolute pledge to become an absolute interest if not redeemed at a certain time; a pledge is a deposit of personal effects, not to be taken back, but on payment of a certain sum by express stipulation or the course of trade to be a lien upon them
Страница 313 - ... made or created by livery and seisin only, or by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorized by writing, shall have the force and effect of leases or estates at will only...
Страница 146 - And this convention doth further, in the name and by the authority of the good people of this state, ORDAIN, DETERMINE, AND DECLARE, that such parts of the common law of England, and of the statute law of England and Great Britain, and of the acts of the legislature of the colony of New York, as together did form the law of the said colony on the 19th day of April, in the year of our Lord one thousand seven hundred and seventy-five, shall be and continue the law of this state...
Страница 71 - ... jurisdictions and rules of the different courts distinct, by one out of a multitude of cases that might be adduced. If the parties in this case had gone into equity, and that court had directed an issue to be tried, they might have modified it in any way they thought proper. One of the rules of a court of equity is that they cannot decree against the oath of the party himself on the evidence of one witness alone without other circumstances : but when the point is doubtful, they send it to be...
Страница 235 - And now per curiam agreed and adjudged, that as we are to take notice of a sentence in the Admiralty here, so ought we of those abroad in other nations, and we must not set them at large again, for otherwise the merchants would be in a pleasant condition...
Страница 212 - The true measure of damages in all these cases is that which will completely indemnify the plaintiff for the breach of the engagement. If the defendant neglect to replace the stock at the day appointed, and the stock afterwards rise in value, the plaintiff can only be indemnified by giving him the price of it at the time of the trial.
Страница 170 - 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.
Страница 326 - ... where the proportions of the money are not equal, and this appears in the deed itself, this makes them in the nature of partners ; and however the legal estate may survive, yet the survivor is considered but as a trustee for the others, in proportion to the sums advanced by each of them.