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abandonment admiralty admitted agreement ALBANY alleged amount answer appears appellant assignment assured authority bill blockade bond and mortgage bottomry Buildemaker capture cargo cause Chancellor chancery complainants conclusive condemnation consideration considered contract conveyance court of chancery court of equity creditor debt decision declaration decree deed defendant demnation demurrer discharge doctrine dollars entitled equity of redemption error Evertson evidence execution executor fact foreign fraud grant Hamburgh Henry Wisner Hugh White intent interest judge judgment jurisdiction jury land Leremboure liable Livingston Ludlow matter McGregor ment mills mort mortgage mortgagor neutral notice opinion paid parties payment person plaintiff plaintiff in error port possession principle proof purchase question reason recover redeem respect respondent rule seisin sentence ship Simond sold statute statute of frauds suit surety testimony Thomas Waters tion total loss trust underwriter usury vessel warranty witnesses
Halaman 150 - Where the law antecedently to the revision was settled, either by clear expressions in the statutes, or adjudications on them, the mere change of phraseology shall not be deemed or construed a change of the law, unless such phraseology evidently purports an intention in the legislature to work a change.
Halaman 128 - Without these constant acts of mutual kindness and assistance, the course of business and commerce would be prodigiously impeded and disturbed. It becomes then excessively important to have the rule established, that a surety is never to be implicated beyond his specific engagement.
Halaman 263 - ... 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.
Halaman 15 - It is the possession of the legal estate, or a right in the subject over which the power is to be exercised, that makes the interest in question.
Halaman 128 - USURY, in a strict sense, is a contract upon the loan of money, to give the lender a certain profit for the use of it, upon all events, whether the borrower made any advantage of it, or the lender...
Halaman 89 - Road the sum of forty dollars for every share of stock in the said company set opposite to our respective names, in such manner and proportion, and at such time and place as shall be determined by the said president directors and company...
Halaman 94 - 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.
Halaman xix - All commerce is entirely prohibited with a besieged town. If I lay siege to a place, or only form the blockade, I have a right to hinder any one from entering, and to treat as an enemy whoever attempts to enter the place, or carry any thing to the besieged, without my leave.
Halaman 128 - To allow a statute, having for its object the prevention of frauds, to be interposed in bar of the performance of a parol agreement, in part performed, would evidently encourage the mischiefs the legislature intended to prevent.