Reports of Cases Adjudged in the Supreme Court of Judicature of the State of New York: From January Term, 1799, to January Term, 1803, Both Inclusive : Together with Cases Determined in the Court for the Correction of Errors, During that Period, Volume 3Banks, Gould, 1849 - Law reports, digests, etc "Cases selected from the manuscript notes of Mr. Justice Radcliff [1794-1805]"--Vol. 3. p. [415]-611. |
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Page 2
... ment of the parties , is not limited to the cases in which the agreement is made the basis of a reformation of the policy by an alteration of its terms . When a policy is intended to embrace the special provisions of an agreement but is ...
... ment of the parties , is not limited to the cases in which the agreement is made the basis of a reformation of the policy by an alteration of its terms . When a policy is intended to embrace the special provisions of an agreement but is ...
Page 6
... ment . The cases on this subject , it is true , relate to checks drawn on private bankers ; but I see no difference in principle , be- tween the case of an individual banker , and an associated corporation of bankers . The general ...
... ment . The cases on this subject , it is true , relate to checks drawn on private bankers ; but I see no difference in principle , be- tween the case of an individual banker , and an associated corporation of bankers . The general ...
Page 11
... ment for the cargo in specie , and returned to Surinam to ob- tain a homeward cargo . The passage from Surinam to De- marara aud back occupied about six weeks . The schooner continued at Surinam until the 29th August , when she sailed ...
... ment for the cargo in specie , and returned to Surinam to ob- tain a homeward cargo . The passage from Surinam to De- marara aud back occupied about six weeks . The schooner continued at Surinam until the 29th August , when she sailed ...
Page 14
... ment , and had no other motive or view but to come the safest way home , or to seek for convoy . I think the testi- mony offered led to this conclusion , and that the jury might well have made it from the testimony ; and on a demurrer ...
... ment , and had no other motive or view but to come the safest way home , or to seek for convoy . I think the testi- mony offered led to this conclusion , and that the jury might well have made it from the testimony ; and on a demurrer ...
Page 25
... ment , in the same manner as if born in the lifetime of their father , & c . ( a ) This act was enacted by the Colony legislature in 1774 , and repealed in 1788. ( Sess . 11 , c . 73 , s . 1. ) It was proba- bly , supposel , at the time ...
... ment , in the same manner as if born in the lifetime of their father , & c . ( a ) This act was enacted by the Colony legislature in 1774 , and repealed in 1788. ( Sess . 11 , c . 73 , s . 1. ) It was proba- bly , supposel , at the time ...
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Reports of Cases Adjudged in the Supreme Court of Judicature of the State of ... New York Court No preview available - 2019 |
Common terms and phrases
action admitted afterwards agreement appears appellant applied assumpsit authority bill bond Cadiz captain cargo cause cents charge charter-party circumstances claim commencement common law consideration considered contract court court of chancery Croswell damages debt decision declaration deed defendant delivered demand Demarara demurrage demurrer doctrine dollars endorsed entitled estopped estoppel evidence execution fact freight ground heirs held house of lords indictment insured intent interest Jackson Johns Jones judge judgment jury justice KENT lands liable libel Lord Lord Mansfield Malibran ment mortgage objection Old note opinion paid party payment person plaintiff plea pleaded port possession premises premium present principle proceeds promissory note proof proved purchase question RADCLIFF reason received recital recover Rhinelander rule sailed ship Star Chamber statute sufficient suit Surinam tender Term Rep testator tion total loss trial usurious verdict vessel voyage Wend witness York
Popular passages
Page 409 - That the printing presses shall be free to every person who undertakes to examine the proceedings of the legislature or any branch of government : and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man ; and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty.
Page 334 - ... such regulations as may be provided by law, relative to the manner of applying for pardons. Upon conviction for treason, he shall have power to suspend the execution of the sentence, until the case shall be reported to the legislature, at its next meeting, when the legislature shall either pardon, or commute the sentence, direct the execution of the sentence, or grant a further reprieve.
Page 409 - In all prosecutions or indictments for libel, the truth may be given in evidence to the jury ; and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives and for justifiable ends, the party shall be acquitted ; and the jury shall have the right to determine the law and the fact.
Page 142 - The summons shall be served by delivering a copy thereof as follows : 1. If the suit be against a corporation, to the president or other head of the corporation, secretary, cashier, treasurer, a director, or managing agent thereof...
Page 410 - In prosecutions for the publication of papers, investigating the official conduct of officers, or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence; and, in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases.
Page 389 - The last right we shall mention, regards the freedom of the press. The importance of this consists, besides the advancement of truth, science, morality, and arts in general, in its diffusion of liberal sentiments on the administration of Government...
Page 142 - The order must direct the publication to be made in a newspaper, to be designated, as most likely to give notice to the person to be served...
Page 202 - But it is out of regard to the interests of justice, which cannot be upholden, and to the administration of justice, which cannot go on without the aid of men skilled in jurisprudence, in the practice of the courts, and in those matters affecting rights and obligations which form the subject of all judicial proceedings.
Page 409 - Every citizen may freely speak, write and publish his sentiments on any subject, being responsible for the abuse of this liberty ; no laws shall be passed regulating or restraining the freedom of the press...
Page 334 - The Governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons.