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Lowber Vs. Bangs
Cites for this judgment
- US Supreme Court
- Jan 01, 1864
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U.S. 728 (1864) U.S. Supreme Court Lowber v. BangsSearch
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U.S. 2 Wall. 728 728 (1864) Lowber v. BangsSearch
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of discovering such intention has been laid down with great accuracy by Lord Ellenborough, in the case of Ritchie v. AtkinsonSearch
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of the future. We will now advert to the authorities to which our attention has been directed. Tarrabochia v. HickieSearch
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Dimech v. CorlettSearch
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Clipsham v. VertueSearch
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and Freeman v. TaylorSearch
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her lading. The authorities relied upon in behalf of the plaintiffs in error are equally cogent. In Glaholm v. HaysSearch
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In Oliver v. FieldenSearch
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Crookewit v. FletcherSearch
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presented the same point, and was ruled in the same way. In Ollive v. BookerSearch
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charter party amounted to a warranty. The most recent and most important authority brought to our notice is Behn v. BurnessSearch
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in acceding to the suggestion that appears to have been, to some extent, sanctioned by high authority (see Dimech v. CorlettSearch
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Referring to Freeman v. TaylorSearch
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Tarrabochia v. HickieSearch
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and Dimech v. CorlettSearch
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settle wisely the important principles of commercial law involved in this controversy by following the case of Behn v. BurnessSearch
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Seegur v. DuthieSearch
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Stavers v. CurlingSearch
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Simpson v. HendersonSearch
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Hasbrook v. PaddockSearch
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French v. CarhartSearch
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is ascertained, under the rules already suggested, all artificial forms of expression, as was well said in Stevens v. CurtingSearch
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are plainly dependent covenants, and they show to a demonstration, as was well said by Erle, Ch.J., in Seeger v. DuthieSearch
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Such was the case of Glaholm v. HaysSearch
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representation, and consequently is synonymous with precedent condition. Decision of the Exchequer Chamber, in Behn v. BurnessSearch
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expressed in indefinite terms, the rule is otherwise by all the authorities. Take, for example, the case of Constable v. CloberieSearch
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the court held that the covenant was not a condition precedent. Material clause of the charter party in Bornman v. TookeSearch
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whether a particular covenant is to constitute a condition precedent or not, is to be found in the case of Boone v. EyreSearch
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the contract, and shall not plead it as a condition precedent. Same rule was laid down by Lord Ellenborough in Ritche v. AtkinsonSearch
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to the right of the freighter to recover damages for such short delivery. Ruling of Lord Ellenborough in Havelock v. GiddesSearch
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from the neglect. Subsequently the same question was presented for a third time to the same court in Davidson v. GwynnSearch
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are inconsistent with those cited by the plaintiffs, which in my judgment is error. Plaintiffs refer to Freeman v. TaylorSearch
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the instructions were right. Precisely the same views were expressed by Lord Denman and his associates in Clipsham v. VertueSearch
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it did not show that the delay frustrated the voyage. Reliance is placed by the defendants upon the case of Oliver v. FieldenSearch
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furnish indubitable evidence that such was the view taken of the case at the time of the decision. They cited Glaholm v. HaysSearch
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and Olive v. BookerSearch
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been held otherwise. Unless I am greatly mistaken, these explanations are sufficient to show that the case of Oliver v. FieldenSearch
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case. Should further confirmation of the proposition, however, be needed, it will be found in the case of Terrabochia v. HickieSearch
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decided in 1856, by the same court which seven years previously decided the case of Oliver v. FieldenSearch
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any inconsistency in pronouncing the judgment. Special reference was made to the remark of Maule, J., in Glaholm v. HaysSearch
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has already been stated in language as clear as I can employ. Same distinction is explained by Erle, Ch.J., in Seeger v. DuthieSearch
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in a manner entirely satisfactory. Principle of the distinction, as explained in the case of Dimech v. CortlettSearch
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Court of Exchequer also recognized the same distinction in the case of Crookewit v. FletcherSearch
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and the court held, on the authority of Glaholm v. HaysSearch
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Olive v. BookerSearch
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and Oliver v. FieldenSearch
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We entirely agree with the judgment of the Lord Chief Baron, in Terrabochia v. HickieSearch
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and yet it was held, in the case of Atwood v. PomeroySearch
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U.S. Supreme Court Lowber v. BangsSearch
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