Array ( [0] => ..... an abandonment before accepted by the underwriters may be inferred from the conduct of the assured if his acts and interference with the use and management of the subject insured be such as satisfactorily to show that he intended to act as owner, and not for the benefit of the underwriters. but this is always a question of ..... action on a policy of insurance on the brig hope, from alexandria to barbadoes and back ..... alexandria v. ashby & stribling - 29 u.s. 139 (1830) u.s. supreme court columbian insurance company of alexandria v. ashby & stribling, 29 u.s. 4 pet. 139 139 (1830) columbian insurance company of alexandria v. ashby & stribling 29 u.s. (4 pet.) 139 error to the circuit court of the county of alexandria in the district of columbia syllabus ..... [1] => ..... that possession of the octavia was not delivered as making the deed of assignment absolutely void. this question was decided upon full consideration in the case of conard v. atlantic insurance company, 1 pet. 386, and this court is well satisfied with that opinion. the counsel for the defendant also prayed the court to instruct the jury, that although the ..... the united states on page 29 u. s. 148 duty bonds remaining due and unpaid at the time of the importation, did not, under the sixty-second section of the act of march 2, 1799, make the merchandise, as to the united states, the property of the consignees, notwithstanding the assignment, and make the attachment of the united states for ..... harris v. d'wolf - 29 u.s. 147 (1830) u.s. supreme court harris v. d'wolf, 29 u.s. 4 pet. 147 147 (1830) harris v. d'wolf 29 u.s. (4 pet.) 147 error to the circuit court of massachusetts syllabus the plaintiff in replevin, james d'wolf, claimed the merchandise under an assignment executed by george d'wolf ..... [2] => ..... condition or encumbrance other than such as was specified in a deed from him to robert i. taylor, and that he would thereafter keep the buildings fully insured in some incorporated insurance office and assign the policies to such trustee as moore his heirs or assigns should appoint, and that he would make any other deed for a further assurance ..... of $5,000, and that scholfield and his wife and william s. moore did make, seal, and duly deliver to each other respectively the said deed as their act and deed, which was duly acknowledged and recorded, that the deed was made in consideration of money advanced upon and for usury, and that there has been reserved and taken ..... the indenture are not set forth in the cognizance. 3. because the indenture is variant and different from that alleged in the cognizance. page 29 u. s. 210 4. because the whole cognizance is void and insufficient in law to justify the taking of the goods and chattels in the declaration mentioned. at the same time, the plaintiff ..... [3] => ..... beyond its jurisdiction are void. wise v. withers, 3 cranch 331, 1 pet.condensed 552. rose v. himely, 4 cranch 241, 8 u. s. 268 . doe v. harden, 1 paine's 55, 58-59. 2. in a case where a court acting beyond its jurisdiction has committed a party to prison, a habeas corpus is the proper remedy, and affords the ..... means of trying the question. 7 u. s. 3 cranch 448, 1 pet.condensed 594. bollman v. swartwout, 4 cranch 75. kearney's case, 7 wheat. 38. 3. the ..... the proceedings were erroneous. 2. that the judgment was an absolute nullity. he contended that the individual against whom the inquest was found, was not comprehended within the confiscating acts of new jersey. consequently, the justice who took the inquisition had no jurisdiction as regarded her. he contended also that the inquisition was entirely insufficient to show that grace kemp ..... [4] => ..... to be a secret assent determined in the hearts of two or more to the defrauding and prejudice of another. [ footnote 3 ] the acts of 13th eliz. ch. 5, and 27th eliz. ch. 4, which did little more than affirm the doctrines of the common law, afford substantially the same definition. the case stated by lord mansfield ..... i now pass from the question of fraud to other objections to the plaintiff's right of recovery, which not having occurred in the case of conard v. atlantic insurance company, will demand particular attention." "3. the third objection to the plaintiff's recovery is founded upon an acknowledged variance, though to a very trifling amount, ..... in consideration of responsibilities entered into by the nicolls, and not for moneys actually paid by them for, or lent to, edward thomson." "in conard v. american insurance company, it was objected that the debt for which the respondentia and other securities were given was of too contingent a nature to uphold a mortgage as collateral security ..... [5] => ..... form it is made, it ought to be explicit, and not heft open as matter of inference from some equivocal acts. the assured must yield up to the underwriter all his right, title, and interest in the subject insured, for the abandonment, when properly made, operates as a transfer of the property to the underwriters, and gives them ..... sale, then the plaintiffs are not entitled to recover for a total loss, but can recover only for a partial loss according to the circumstances of the case." " 4. the court is of opinion that the abandonment was sufficiently made in this case." in considering the exceptions taken to the opinion and direction of the court, we think, ..... 623 that the aforesaid master doth claim, on behalf as aforesaid, reimbursement for the same as a total loss," &c.; the receipt of this was acknowledged by letter of 4 may, and saying that the further proofs of loss on arrival should receive immediate attention. on 5 may, the further proofs, and a statement of the loss, were forwarded ..... [6] => ..... neighbor, claiming from kentucky, would hardly be conscious of living under the same government. if the seventh article of the compact can be construed so as to make the limitation act of virginia perpetual and unrepealable in kentucky, then i know not on what principle the same rule can be precluded from applying to laws of descent, conveyance, devise, dower, ..... , and a deed from barbor to him dated 7 august, 1786. the defendants, william may and john hawkins, derived their title under a junior grant to william may for 4,000 acres of land, and they proved on the trial in the circuit court that john creemer, who had conveyed part of the land included in the grant to william ..... so conveyed to him until he sold to defendant below, who has had peaceable possession of the premises ever since, until the present suit was brought, which was may 4, 1817. page 30 u. s. 464 this state of facts brings out the principal question in the cause, which was on the constitutionality of the present limitation ..... [7] => ..... as per invoice, costs and charges, is to be invested in algiers or some other port (after deducting all charges, consignee's commission included, except freight and premium of insurance within, of which two last mentioned charges are to be made on the goods), and returned in the said barque morning star to boston, when seth spring and sons ( ..... the defendant for the plaintiff's use and for goods, wares, and merchandise sold and delivered and the other on an insimul computasset. to the plea of the act of limitations the plaintiff replied that the money in the several provisions mentioned became due and payable on trade between the plaintiff and defendant as merchants, and wholly concerned ..... he had furnished his note of the case to mr. justice buller. the distinction between an account current and an account stated has been often taken, 1 ves. 456; 4 mod. 105; 2 ves. 400; 1 mod. 270, and is now admitted. the english cases certainly do not oppose the opinion we have formed on the words of ..... [8] => ..... points, presents the same facts and circumstances which were before this court in the page 31 u. s. 280 cases of conard v. atlantic insurance company, 1 pet. 386, and conard v. nicoll, 4 pet. 291. those cases underwent the most deliberate consideration of the court, and we are entirely satisfied with the doctrines maintained in them. ..... of 9 october, 1826, connected with the facts given in evidence, amounts to a release or waiver by the plaintiffs of all demand for damages arising from the acts of the officers of the united states in taking possession and detaining the goods in question." "8. that in an action of trespass such as the present, ..... plaintiffs, the present action, founded as it must be upon a possession by the plaintiffs either actual or constructive, cannot be maintained." "6. that according to the act of congress, and edward thomson regarded as the original importer, owner and consignee, and he being largely indebted upon bonds to the united states for duties then remaining ..... [9] => ..... the present exception, and every seizure which is justifiable by the law of nations must be deemed within it. the cases of smith v. delaware insurance company, 3 serg. & rawle 74, and faudel v. phoenix insurance company, 4 serg. & rawle 29; johnston and weir v. ludlow, 1 caines cas. in error 29; s.c. 2 johns.cas. 481, [ ..... that the learned chief justice, in delivering the opinion of the court, added, that " perhaps (we may add), although not necessary to the present decision, even arbitrary acts of the spanish colonial governments, if assumed to be justified on their parts by the prohibitions of trade and intercourse, are, we think, within the exception of seizure ..... would arise. if he had no such authority, then she must be treated as a noncommissioned cruiser, entitled to seize for the benefit of the crown, whose acts, if adopted and acknowledged by the crown or its competent authorities, become equally binding. nothing is better settled both in england and america than the doctrine that a ..... [10] => ..... , who took office on or before june 6, 1932, the compensation received as such shall not be subject income tax under the revenue act of 1938 or any prior revenue act." mr. justice butler, dissenting. concretely, the question is whether, by exacting from united states circuit judge joseph w. woodrough and his wife ..... in comparison with the legislative and executive the judicial department is weak, its independence is essential to our system of government. these safeguards go far to insure that independence. and, from the beginning, statesmen and jurists have agreed that the clause forbids diminution of judges' compensation by any form of legislation. ..... an important shift in constitutional doctrine is announced after a reconstruction in the membership of the court. . . . the arguments upon which m'culloch v. maryland, 4 wheat. 316, rested . . . have been distorted by sterile refinements unrelated to affairs. these refinements derived authority from an unfortunate remark in the opinion in m' ..... [11] => ..... risks are not unknown, and have not been considered violative of due process. the pooling principle was upheld in workmen's compensation, [ footnote 55 ] bank deposit insurance, [ footnote 56 ] and distribution of benefits in the transportation act. [ footnote 57 ] the defendants rely particularly upon thompson v. consolidated gas utilities corp., [ footnote 58 ] and railroad retirement board v. alton. [ footnote 59 ] in the ..... observed that the order could not be, and was not, issued until after the hearing and findings, as required by 8c(4). public hearings were held at albany, malone, syracuse, elmira, and new york from may 16 to june 7, 1938, with four days' recess. nearly three thousand pages of testimony were introduced, eighty-eight documentary exhibits and some twenty briefs by ..... [12] => ..... order constitute an invalid exercise of the power to regulate commerce and an invasion of the powers reserved to the states under the tenth amendment; [ footnote 4 ] and that the act involves delegation of legislative power. the amendments to the order are said to be void because an essential finding required by the statute is lacking. the referendum among producers is ..... fed.reg.1979); order no. 12, amended february 24, 1937 (2 fed.reg. 354); order no. 15, proclamation dated september 10, 1938 (3 fed.reg. 2222), amendment dated september 10, 1938 (3 fed.reg. 2222); order no. 20, amended august 15, 1938 (3 fed.reg. 2015)." [ footnote 8 ] the alternative provisions may be disregarded in this case. [ footnote 9 ] mass.ann.laws, c ..... [13] => ..... to the official trustee in force at the time of the married women's property act. there had been earlier acts relating to the official trustee as there is now a later act of 1913.4. the decision in haridassi dassi v. manufacturers life insurance co. : air1937cal379 is one which, like so many others, cannot be appreciated without ..... there is no dispute among the members of the family. on 15th december 1938 the solicitors of the insurance company demanded from the official trustee repayment of the amount by reason of a certain decision of this court in haridassi dassi v. manufacturers life insurance co. : air1937cal379 .2. the provision of law with which we are ..... 4588 in his hands. the short facts are as follows: one mohamed ghyasuddin effected a policy of insurance with the sun life insurance co. of canada, expressed to be payable to his own wife, zebunnessa khatoon. on 12th november 1938, the company paid the amount mentioned to the official trustee of bengal, purporting to do so under ..... [14] => ..... executant further states that she has no apprehension regarding her maintenance in the future. the executant further relates that she has executed the deed of wakf on 19th january 1938. the deed proceeds:now i, the executant, am not possessed of any other funds and moveable or immovable property, etc. except the property mentioned below. i, ..... pending in the high court and it is provided thatgirdhari lal aforesaid should get himself impleaded in the array of respondents in that appeal and look after the same.4. consequent upon the execution of the aforesaid deed of surrender, girdhari lal preferred an application under order 22, rule 10, civil p.c. this application was ..... gift or will so as to prejudice the rights of the survivor or a future reversioner. if they act together they can burden the reversion with any debts contracted owing to legal necessity, but one of them acting without the authority of the other, cannot prejudice the right of survivorship by burdening or alienating any part ..... [15] => ..... of section 77b should not be taken advantage of to effect what, in fact, amounts to a composition under section 12." the chandler act, c. 10, 52 stat. 840, 883, approved june 22, 1938, now supplants 77b. various substantial changes in the provisions of 77b have been made therein. but the standard of "fair and equitable," ..... the debtor. hence, the virtual abrogation of the agreement deferring foreclosure until 1944 was "the principal valuable consideration" passing to the bondholders from the old stockholders. 4. bonding companies are unwilling to assume the risk of becoming surety for the debtor or its principal subsidiary "because of the outstanding bond issue." the government's ..... and, if their managerial skill is vital to the success of the hotel, any stock issued to insure the continuance of their relation ought to go to those stockholders who are of use to the enterprise and agree to act in its behalf, and not to all stockholders as such. indeed, the supposed advantages of retaining ..... [16] => ..... v. interstate commerce commission, 221 u. s. 612 , and the federal employers liability act of 1908, 35 stat. 65, see second employers' liability cases, 223 u. s. 1 , 223 u. s. 51 , were designed mainly to insure the safety and welfare of railroad employees, and the constitutionality of those measures was sustained in ..... agreement. 42 monthly labor review 1503 (1936); 57 traffic world 995 (1936). [ footnote 4 ] report of committee appointed september 20, 1938, by the president of the united states, to submit recommendations upon the general transportation situation (december 23, 1938). [ footnote 5 ] consolidation of railroads, 185 i.c.c. 403, 427; unification ..... of maintaining a loyal and devoted personnel in the interest of uninterrupted service. thirty-third annual report of the interstate commerce commission (1919), p. 4. in agreements executed by the director general with several railroad unions, provision was made for protection of seniority rights and for free transportation for the ..... [17] => ..... to deduct a loss arising from the sale of securities to a corporation wholly owned by the taxpayer. the statute involved is 23(e) of the revenue act of 1932. [ footnote 4 ] the innisfail corporation was wholly owned by the taxpayer, mr. smith. it was organized in 1926 under the laws of new jersey. the officers and directors ..... by individuals. -- subject to the limitations provided in subsection (r) of this section, in the case of an individual, losses sustained during the taxable year and not compensated for by insurance or otherwise --" "(1) if incurred in trade or business; or" "(2) if incurred in any transaction entered into for profit, though not connected with the trade or business. . ..... v. mccreery, 83 f.2d 817 (may 13, 1936, affirming b.t.a. memorandum opinion of june 19, 1935); foster v. commissioner, 96 f.2d 130 (april 18, 1938, affirming b.t.a. memorandum opinion of december 23, 1935); helvering, commissioner v. johnson, 104 f.2d 140 (june 1, 1939, affirming 37 b.t.a. 155, decided ..... [18] => ..... s. 390 -391, where congress included the authority to "sue and be sued," express prohibition against attachment and garnishment was provided in only two instances. they are the federal crop insurance corporation (52 stat. 72, 73) and the farmer's home corporation (50 stat. 527). [ footnote 11 ] while the record shows that brooks had been "connected" with ..... consent. there, no consent whatsoever to "sue and be sued" had been given. here, the situation is different. sec. 1 of title 1 of the national housing act (act of june 27, 1934, c. 847, 48 stat. 1246) authorized the president "to create a federal housing administration all of the powers of which shall be exercised by ..... .e.2d 273; mcavoy v. weber, 198 wash. 370, 88 p.2d 448. [ footnote 2 ] mich.stat.ann. (1938) 27.1855 et seq. [ footnote 3 ] cf. porto rico v. rosaly y castillo, 227 u. s. 270 . [ footnote 4 ] see shinn, attachment & garnishment, chs. i, xxiii. as to garnishment of wage claims, see sturges & cooper, credit administration and ..... [19] => ..... 7 ] t.d. 4629, c.b. xv-1, 140. [ footnote 2/8 ] downs v. commissioner, 36 b.t.a. 1129. [ footnote 2/9 ] c.b.1938-1, p. 9. [ footnote 2/10 ] i.t. 3238, c.b. xvii-2, p. 204. [ footnote 2/11 ] 12 and 13 geo. 5, ch. 17 ..... this court, under the guise of construction, to amend the act, went to congress for new legislation. congress provided, by 219(g)(h) of the revenue act of 1924, that, if the grantor set up such a life insurance trust, or one under which he could direct the payment of ..... v. commissioner, 61 f.2d 796; commissioner v. grosvenor, 85 f.2d 2; farber v. united states, ct.cls. 1 f.supp. 859. [ footnote 2/4 ] hearings on h.r., 7835, 73d cong., 2d sess., p. 151; h.r. 1385, 73d cong., 2d sess., p. 24. [ footnote 2/5 ..... congress adopted an amendment to cover the one situation, but did not accept the treasury's recommendation as to the other. [ footnote 2/4 ] the statute, as before, clearly provided that the income from a short-term irrevocable trust was taxable to the trust, or the beneficiary ..... ) Insurance Act 1938 4 of 1938 Section 10 Separation of Accounts and Funds - Sortby Old - Page 6 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: insurance act 1938 4 of 1938 section 10 separation of accounts and funds Sorted by: old Page 6 of about 1,365 results (0.619 seconds)

1830

Columbian Insurance Company of Alexandria Vs. Ashby and Stribling

Court : US Supreme Court

..... an abandonment before accepted by the underwriters may be inferred from the conduct of the assured if his acts and interference with the use and management of the subject insured be such as satisfactorily to show that he intended to act as owner, and not for the benefit of the underwriters. but this is always a question of ..... action on a policy of insurance on the brig hope, from alexandria to barbadoes and back ..... alexandria v. ashby & stribling - 29 u.s. 139 (1830) u.s. supreme court columbian insurance company of alexandria v. ashby & stribling, 29 u.s. 4 pet. 139 139 (1830) columbian insurance company of alexandria v. ashby & stribling 29 u.s. (4 pet.) 139 error to the circuit court of the county of alexandria in the district of columbia syllabus .....

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1830

Harris Vs. D'Wolf

Court : US Supreme Court

..... that possession of the octavia was not delivered as making the deed of assignment absolutely void. this question was decided upon full consideration in the case of conard v. atlantic insurance company, 1 pet. 386, and this court is well satisfied with that opinion. the counsel for the defendant also prayed the court to instruct the jury, that although the ..... the united states on page 29 u. s. 148 duty bonds remaining due and unpaid at the time of the importation, did not, under the sixty-second section of the act of march 2, 1799, make the merchandise, as to the united states, the property of the consignees, notwithstanding the assignment, and make the attachment of the united states for ..... harris v. d'wolf - 29 u.s. 147 (1830) u.s. supreme court harris v. d'wolf, 29 u.s. 4 pet. 147 147 (1830) harris v. d'wolf 29 u.s. (4 pet.) 147 error to the circuit court of massachusetts syllabus the plaintiff in replevin, james d'wolf, claimed the merchandise under an assignment executed by george d'wolf .....

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1830

Lloyd Vs. Scott

Court : US Supreme Court

..... condition or encumbrance other than such as was specified in a deed from him to robert i. taylor, and that he would thereafter keep the buildings fully insured in some incorporated insurance office and assign the policies to such trustee as moore his heirs or assigns should appoint, and that he would make any other deed for a further assurance ..... of $5,000, and that scholfield and his wife and william s. moore did make, seal, and duly deliver to each other respectively the said deed as their act and deed, which was duly acknowledged and recorded, that the deed was made in consideration of money advanced upon and for usury, and that there has been reserved and taken ..... the indenture are not set forth in the cognizance. 3. because the indenture is variant and different from that alleged in the cognizance. page 29 u. s. 210 4. because the whole cognizance is void and insufficient in law to justify the taking of the goods and chattels in the declaration mentioned. at the same time, the plaintiff .....

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1830

Ex Parte Watkins

Court : US Supreme Court

..... beyond its jurisdiction are void. wise v. withers, 3 cranch 331, 1 pet.condensed 552. rose v. himely, 4 cranch 241, 8 u. s. 268 . doe v. harden, 1 paine's 55, 58-59. 2. in a case where a court acting beyond its jurisdiction has committed a party to prison, a habeas corpus is the proper remedy, and affords the ..... means of trying the question. 7 u. s. 3 cranch 448, 1 pet.condensed 594. bollman v. swartwout, 4 cranch 75. kearney's case, 7 wheat. 38. 3. the ..... the proceedings were erroneous. 2. that the judgment was an absolute nullity. he contended that the individual against whom the inquest was found, was not comprehended within the confiscating acts of new jersey. consequently, the justice who took the inquisition had no jurisdiction as regarded her. he contended also that the inquisition was entirely insufficient to show that grace kemp .....

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1830

Conard Vs. Nicoll

Court : US Supreme Court

..... to be a secret assent determined in the hearts of two or more to the defrauding and prejudice of another. [ footnote 3 ] the acts of 13th eliz. ch. 5, and 27th eliz. ch. 4, which did little more than affirm the doctrines of the common law, afford substantially the same definition. the case stated by lord mansfield ..... i now pass from the question of fraud to other objections to the plaintiff's right of recovery, which not having occurred in the case of conard v. atlantic insurance company, will demand particular attention." "3. the third objection to the plaintiff's recovery is founded upon an acknowledged variance, though to a very trifling amount, ..... in consideration of responsibilities entered into by the nicolls, and not for moneys actually paid by them for, or lent to, edward thomson." "in conard v. american insurance company, it was objected that the debt for which the respondentia and other securities were given was of too contingent a nature to uphold a mortgage as collateral security .....

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1831

Patapsco Insurance Company Vs. Southgate

Court : US Supreme Court

..... form it is made, it ought to be explicit, and not heft open as matter of inference from some equivocal acts. the assured must yield up to the underwriter all his right, title, and interest in the subject insured, for the abandonment, when properly made, operates as a transfer of the property to the underwriters, and gives them ..... sale, then the plaintiffs are not entitled to recover for a total loss, but can recover only for a partial loss according to the circumstances of the case." " 4. the court is of opinion that the abandonment was sufficiently made in this case." in considering the exceptions taken to the opinion and direction of the court, we think, ..... 623 that the aforesaid master doth claim, on behalf as aforesaid, reimbursement for the same as a total loss," &c.; the receipt of this was acknowledged by letter of 4 may, and saying that the further proofs of loss on arrival should receive immediate attention. on 5 may, the further proofs, and a statement of the loss, were forwarded .....

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1831

Hawkins Vs. Barney's Lessee

Court : US Supreme Court

..... neighbor, claiming from kentucky, would hardly be conscious of living under the same government. if the seventh article of the compact can be construed so as to make the limitation act of virginia perpetual and unrepealable in kentucky, then i know not on what principle the same rule can be precluded from applying to laws of descent, conveyance, devise, dower, ..... , and a deed from barbor to him dated 7 august, 1786. the defendants, william may and john hawkins, derived their title under a junior grant to william may for 4,000 acres of land, and they proved on the trial in the circuit court that john creemer, who had conveyed part of the land included in the grant to william ..... so conveyed to him until he sold to defendant below, who has had peaceable possession of the premises ever since, until the present suit was brought, which was may 4, 1817. page 30 u. s. 464 this state of facts brings out the principal question in the cause, which was on the constitutionality of the present limitation .....

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1832

Spring Vs. Executors of Gray

Court : US Supreme Court

..... as per invoice, costs and charges, is to be invested in algiers or some other port (after deducting all charges, consignee's commission included, except freight and premium of insurance within, of which two last mentioned charges are to be made on the goods), and returned in the said barque morning star to boston, when seth spring and sons ( ..... the defendant for the plaintiff's use and for goods, wares, and merchandise sold and delivered and the other on an insimul computasset. to the plea of the act of limitations the plaintiff replied that the money in the several provisions mentioned became due and payable on trade between the plaintiff and defendant as merchants, and wholly concerned ..... he had furnished his note of the case to mr. justice buller. the distinction between an account current and an account stated has been often taken, 1 ves. 456; 4 mod. 105; 2 ves. 400; 1 mod. 270, and is now admitted. the english cases certainly do not oppose the opinion we have formed on the words of .....

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1832

Conard Vs. Pacific Insurance Company of New York

Court : US Supreme Court

..... points, presents the same facts and circumstances which were before this court in the page 31 u. s. 280 cases of conard v. atlantic insurance company, 1 pet. 386, and conard v. nicoll, 4 pet. 291. those cases underwent the most deliberate consideration of the court, and we are entirely satisfied with the doctrines maintained in them. ..... of 9 october, 1826, connected with the facts given in evidence, amounts to a release or waiver by the plaintiffs of all demand for damages arising from the acts of the officers of the united states in taking possession and detaining the goods in question." "8. that in an action of trespass such as the present, ..... plaintiffs, the present action, founded as it must be upon a possession by the plaintiffs either actual or constructive, cannot be maintained." "6. that according to the act of congress, and edward thomson regarded as the original importer, owner and consignee, and he being largely indebted upon bonds to the united states for duties then remaining .....

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1834

Carrington Vs. Merchants' Insurance Company

Court : US Supreme Court

..... the present exception, and every seizure which is justifiable by the law of nations must be deemed within it. the cases of smith v. delaware insurance company, 3 serg. & rawle 74, and faudel v. phoenix insurance company, 4 serg. & rawle 29; johnston and weir v. ludlow, 1 caines cas. in error 29; s.c. 2 johns.cas. 481, [ ..... that the learned chief justice, in delivering the opinion of the court, added, that " perhaps (we may add), although not necessary to the present decision, even arbitrary acts of the spanish colonial governments, if assumed to be justified on their parts by the prohibitions of trade and intercourse, are, we think, within the exception of seizure ..... would arise. if he had no such authority, then she must be treated as a noncommissioned cruiser, entitled to seize for the benefit of the crown, whose acts, if adopted and acknowledged by the crown or its competent authorities, become equally binding. nothing is better settled both in england and america than the doctrine that a .....

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