Reports of Cases Argued and Determined in the Circuit Court of the United States for the First Circuit: 1854-1856Little, Brown, 1857 |
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Página 8
... opinion of the Court . CURTIS , J. This is a libel on a charter - party filed by the appellee against the present appellants . It is founded on a covenant contained in the charter - party , by which the schooner William Henry was let by ...
... opinion of the Court . CURTIS , J. This is a libel on a charter - party filed by the appellee against the present appellants . It is founded on a covenant contained in the charter - party , by which the schooner William Henry was let by ...
Página 12
... opinion is , that the fire by which this vessel was destroyed , was not a peril of the sea within the exception in the covenant , and consequently the charterer was liable for the loss . As to the damages , as the libellant did not ...
... opinion is , that the fire by which this vessel was destroyed , was not a peril of the sea within the exception in the covenant , and consequently the charterer was liable for the loss . As to the damages , as the libellant did not ...
Página 13
... opinion that I cannot treat the value of the vessel as ma- terially diminished by the stranding . It is not so pleaded in the answer , which admits her value to be $ 2,000 , the sum fixed upon by the District Court . Nor does the ...
... opinion that I cannot treat the value of the vessel as ma- terially diminished by the stranding . It is not so pleaded in the answer , which admits her value to be $ 2,000 , the sum fixed upon by the District Court . Nor does the ...
Página 16
... opinion that the annual value of each saw was diminished by backwater two hundred dollars per annum . It was argued at the trial , on behalf of the plaintiff , that as he got twenty thousand dollars for the mills in 1848 , and only four ...
... opinion that the annual value of each saw was diminished by backwater two hundred dollars per annum . It was argued at the trial , on behalf of the plaintiff , that as he got twenty thousand dollars for the mills in 1848 , and only four ...
Página 17
... opinion of Dean , that the annual value of each saw was diminished by backwater two hundred dollars , was not a sound opinion ; that it was but an opinion , which they were not bound to adopt ; and that the actual diminution of rents ...
... opinion of Dean , that the annual value of each saw was diminished by backwater two hundred dollars , was not a sound opinion ; that it was but an opinion , which they were not bound to adopt ; and that the actual diminution of rents ...
Términos y frases comunes
action admitted aforesaid agent agreed agreement alleged allowed amount answer appear applied authority award bill Boston cargo cause charge charterers claim common Company complainant condition Congress consider contract course Court CURTIS damages debt decision decree deed defendant direct District Court dollars doubt duty effect equity et al evidence examined execution exist fact follows freight further give given ground held important intended interest issue judgment jurisdiction jury land Large libellant lien master material means Mutual necessary objection opinion owner paid particular parties patent payment person plaintiff port possession present principal proceedings prove purchase question reason received reference respect rule ship Stat statute sufficient suit taken thereof thing tion true United vessel voyage
Pasajes populares
Página 463 - Our constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision. But when the terms of the stipulation import a contract — when either of the parties engages to perform a particular act — the treaty addresses itself to the political, not the judicial department ; and the legislature must execute the contract before it can...
Página 635 - On the contrary, if war be actually levied, that is, if a body of men be actually assembled for the purpose of effecting by force a treasonable purpose, all those who perform any part, however minute, or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors.
Página 583 - ... nor shall any district, or circuit court, have cognizance of any suit to recover the contents of any promissory note, or other chose in action, in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange.
Página 330 - ... sue, labor, and travel for, in and about the defense, safeguard and recovery of the said goods and merchandises, or any part thereof, without prejudice to this insurance; nor shall the acts of the insured or insurers, in recovering, saving and preserving the property insured, in case of disaster, be considered a waiver or an acceptance of an abandonment...
Página 167 - ... of court, so far to alter final process in said courts as to conform the same to any change which might be adopted by the legislatures of the respective states for the state courts.
Página 500 - Act, which is similar, either in material, quality, texture, or the use to which it may be applied, to any article enumerated in this Act as chargeable with duty, shall pay the same rate of duty which is levied on the enumerated article which it most resembles in any of the particulars before mentioned...
Página 167 - Jurors to serve in the courts of the United States, in each State respectively, shall have the same qualifications, subject to the provisions hereinafter contained, and be entitled to the same exemptions, as jurors of the highest court of law in such State may have and be entitled to at the time when such jurors for service in the courts of the United States are summoned...
Página 463 - By whom shall they be ratified and confirmed ? This seems to be the language of contract; and if it is, the ratification and confirmation which are promised must be the act of the legislature. Until such act shall be passed, the court is not at liberty to disregard the existing laws on the subject.
Página 501 - ... if any non-enumerated article equally resembles two or more enumerated articles, on which different rates of duty are chargeable, there shall be levied...
Página 50 - ... not exceeding what she can reasonably stow and carry, over and above her tackle, apparel, provisions, and furniture ; and being so loaded, shall therewith proceed to or so near thereunto as she may safely get...