The Monthly Law Reporter, Volume 19Charles C. Little and James Brown, 1857 - Law |
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Page 19
As there is no implication of a warranty , the question arises whether , upon the
principle which regulates the action of assumpsit for money had and received ,
the claimant can recover of the United States the consideration he has paid .
As there is no implication of a warranty , the question arises whether , upon the
principle which regulates the action of assumpsit for money had and received ,
the claimant can recover of the United States the consideration he has paid .
Page 37
The mate was on board the whole time , and the master occasionally while the
coal was taken in , which occupied the time from eleven , A . M . , to four , P . M . It
is ordinarily the duty of the mate to take the account of the cargo as it is received ...
The mate was on board the whole time , and the master occasionally while the
coal was taken in , which occupied the time from eleven , A . M . , to four , P . M . It
is ordinarily the duty of the mate to take the account of the cargo as it is received ...
Page 37
... there are other considerations that belong to the case . The master is bound to
see not only to the receiving personally or by his agent , but also to the proper
delivery ; he must at his peril deliver it to the consignee named in the bill of lading
.
... there are other considerations that belong to the case . The master is bound to
see not only to the receiving personally or by his agent , but also to the proper
delivery ; he must at his peril deliver it to the consignee named in the bill of lading
.
Page 38
... and if the decision is to be by the balance of probabilities , it must be in favor of
the master . But there are other considerations that belong to the case . The
master is bound to see not only to the receiving personally or by his agent , but
also ...
... and if the decision is to be by the balance of probabilities , it must be in favor of
the master . But there are other considerations that belong to the case . The
master is bound to see not only to the receiving personally or by his agent , but
also ...
Page 40
infer that the coal was received and discharged , and the account taken in the
usual manner . A question was raised on the testimony of Mr . Dunn , who states
in substance that , when coal of this kind is accurately weighed , there will be a
loss ...
infer that the coal was received and discharged , and the account taken in the
usual manner . A question was raised on the testimony of Mr . Dunn , who states
in substance that , when coal of this kind is accurately weighed , there will be a
loss ...
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action agent alleged allowed amount answer appear applied assignment attached attorney authority bill Boston brought called cause charge claim common compensation condition consideration constitution construction contract County court creditor damages debt decided decision defendant delivered direction duty entitled evidence execution existing fact give given ground Held hold intended interest Isaac Ames issue John judge judgment jurisdiction jury justice land legislature liable limited matter mortgage nature necessary notice objection opinion original owner paid party passed payment person plaintiff possession practice present principle prisoner proceedings proved provisions purchase question reason received recover reference regard removal residence rule ship statute sufficient suit taken Term tion town trial trustee United vessel whole witness York
Popular passages
Page 182 - By the preceding course of reasoning we have arrived at these general conclusions.: First, the shores of navigable waters, and the soils under them, were not granted by the Constitution to the United States, but were reserved to the States respectively. Secondly, the new States have the same rights, sovereignty, and jurisdiction over this subject as the original States.
Page 332 - An act to provide for the better security of the lives of passengers on board of vessels propelled in whole or in part by steam, and for other purposes...
Page 332 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been...
Page 189 - Fulton the exclusive navigation of all the waters within the jurisdiction of that State, with boats moved by fire or steam...
Page 87 - If any of the citizens of the United States, or any persons under their protection, shall have any disputes with each other, the consul shall decide between the parties ; and whenever the consul shall require any aid or assistance from our government, to enforce his decisions, it shall be immediately granted to him.
Page 332 - Every such action shall be brought by and In the names of the personal representatives of such deceased person, and the amount recovered In every such action shall be for the exclusive benefit of the widow and next of kin...
Page 88 - No officer in any branch of the public service, or any other person whose salary, pay, or emoluments are fixed by law or regulations, shall receive any additional pay, extra allowance, or compensation, in any form whatever, for the disbursement of public money, or for any other service or duty whatever, unless the same is authorized by law, and the appropriation therefor explicitly states that it is for such additional pay, extra allowance, or compensation.
Page 86 - ... of the defendant's nation ; 4. Mixed tribunals of Turkish magistrates and foreign Christians, at length substituted in part for cases between Turks and foreign Christians; 5. Finally, for causes between foreign Christians, the substitution at length of mixed tribunals in place of the separate courts, — this arrangement introduced at first by the legations of Austria, Great Britain, France, and Russia, and then tacitly acceded to by the legations of other foreign Christians.
Page 161 - Execution thereof, shall, together with an Affidavit of the Time of such Bill of Sale being made or given, and a Description of the Residence and Occupation of the Person making or giving the same...
Page 335 - I admit that it is necessary to have recourse to legislative interposition in order to remedy the grievance : but where the case is only new in the instance, and the only question is upon the application of a principle recognized in...
Bibliographic information
| Title | The Monthly Law Reporter, Volume 19 Volumes 289-292 of American periodical series, 1800-1850 |
| Contributor | Stephen Henry Phillips |
| Publisher | Charles C. Little and James Brown, 1857 |
| Original from | Princeton University |
| Digitized | 17 Apr 2008 |
| Export Citation | BiBTeX EndNote RefMan |