Court : US Supreme Court
..... the mill. an exception was taken to this opinion. the additional encumbrances to the title and the circumstances of lawrence & poindexter might constitute additional objections to the representation contained in the offer page 27 u. s. 55 for assurance, but do not, we think, disprove an insurable interest in those who were still in possession ..... in the circuit court excepted, and the cause is now before this court on those exceptions. the plaintiff in the circuit court had exhibited his policy, the representation on which the contract of insurance was founded; his proofs of title and of loss, the notice which he gave of that loss, together with the ..... of lawrence & poindexter, was plaintiff and the columbian insurance company of alexandria were defendants. the suit was brought on a policy insuring a mill, stated in the representation and in the policy to belong to lawrence & poindexter, the assured. pending the suit, poindexter died, and the suit was continued and tried in the name of .....
Tag this Judgment!Court : US Supreme Court
..... form a permanent constitution page 30 u. s. 37 for themselves, and as citizens of a free, sovereign, and independent state, be admitted to a representation in the union." in 1786, a general ordinance was passed for the regulation of indian affairs under the authority of the ninth article of the confederation ..... the cherokees. we legislate upon the conduct of strangers or citizens within their limits, but innumerable treaties formed with them acknowledge them to be an independent people, and the uniform practice of acknowledging their right of soil by purchasing from them, and restraining all persons from encroaching upon their territory, makes it unnecessary ..... repeatedly made and still in force. if courts were permitted to indulge their sympathies, a case better calculated to excite them can scarcely be imagined. a people once numerous, powerful, and truly independent, found by our ancestors in the quiet and uncontrolled possession of an ample domain, gradually sinking beneath our superior .....
Tag this Judgment!Court : US Supreme Court
..... were so construed by the states of north carolina and georgia as to annul the power itself. the discontents and confusion resulting from these conflicting claims produced representations to congress, which were referred to a committee, who made their report in 1787. the report does not assent to the construction of the two states ..... the executive, legislative, and judicial branches of our government, we have admitted, by the most solemn sanctions, the existence of the indians as a separate and distinct people, and as being vested with rights which constitute them a state, or separate community -- not a foreign, but a domestic community -- not as belonging to the ..... whom they belonged, or by whom they were commissioned, a rightful property in the soil, from the atlantic to the pacific, or rightful dominion over the numerous people who occupied it? or has nature, or the great creator of all things, conferred these rights over hunters and fishermen, on agriculturists and manufacturers? but power, .....
Tag this Judgment!Court : US Supreme Court
..... itself. the decision of this court in the case of lawrence v. columbia insurance company, 2 pet. 47, referred to, and the principles laid down in that case relative to representations by the assured to the assurers, reaffirmed. whenever the nature of the interest of the assured would have or might have a real influence upon the underwriter either not to ..... , would avoid the policy. the language of the court on that occasion was: "the contract for insurance is one in which the underwriters generally act on the representation of the assured, and that representation ought consequently to be fair, and to omit nothing which it is material for the underwriters to know. it may not be necessary that the person requiring insurance .....
Tag this Judgment!Court : US Supreme Court
..... sold their right to them as a common hunting ground, and that virginia had previously purchased them from the northern indians. and if he is not mistaken in his representation of the facts and admissions of the cherokees stated in his letters of november, 1792, and january, 1793, he does prove that to the lands sold to henderson ..... put to death by the cherokees, in the presence of the agent at chota, or two magistrates in the county of washington." "article 5th. that as many white people have settled on lands below the boundary between virginia and the cherokees, commonly called donelson's line, which lands they have respectively claimed in the course of this treaty, ..... evidence in this case were copies of some original papers found in the state paper office in london relating to the boundary lines adopted at various times between the white people and that indians, the substance of which is as follows: 1. deed (or treaty) with the cherokees dated 13 june, 1767, which recited that a previous .....
Tag this Judgment!Court : US Supreme Court
..... agreements in 1711 and 1718, by the commissioners of both governments, in regard to the line in dispute, the complainant alleges, that its commissioners, relying upon the representations of the massachusetts commissioners, and the words of the charter, did believe that the station of woodward and saffrey was within three miles of charles river, and ..... station, it almost surpasses belief, that, seven years afterwards, the subject of the line having been discussed in rhode island, and such dissatisfaction being shown by the people as to lead to a new commission, the second commission should again be misled. it may be a matter of doubt, whether a mistake of recent occurrence, ..... present term. for if rhode island had proved herself to be justly and clearly entitled to exercise sovereignty and dominion over the territory in question, and the people who inhabit it, yet my judgment must still have been that the bill should be dismissed upon the ground that this court, under the constitution of the .....
Tag this Judgment!Court : US Supreme Court
..... it is proved by davis, the scrivener who drew the deed and mortgage, that whitesides told bush "that he, whitesides, had a preemption to the property." was this representation false? the only evidence on the subject is in the testimony of petrikin, the register of the land office, who swears "that the commissioners, appointed under the act of ..... except whitesides, and bush claiming under him, are conclusive when taken in connection with evidence of a certificate in his favor by the commissioners to show that the representation of whitesides was not false or fraudulent and that defendant has wholly failed to support this allegation as set forth in his answer. but it has been contended that ..... was using every endeavor to fulfill his contract and obtain a good title for his vendee. as to the alleged fraud on the government by the conduct of the people in dubuque on this occasion, it is sufficient to say that the question is not raised in the pleadings nor the fact proved in the evidence. we are .....
Tag this Judgment!Court : US Supreme Court
..... . by his own confession after the assignment the fraud is established. it is insisted that, this note having been imposed upon the complainants as a good note by the fraudulent representation of anderson, they as vendors have an equitable lien on the plantation and slaves for the amount of it. if the receipt of a note of a third person in .....
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..... to legislative measures ending in reform, pursuant to legislative countenance and without the necessity of any stronger collateral course. but when the representation is of a character which defeats this, the action of the people, even then, if by large majorities, will seldom be prosecuted with harsh pains and penalties, or resisted with arms. changes ..... full powers for this purpose, and if only for a constitution in part, that said convention have under their especial consideration the expediency of equalizing the representation of the towns in the house of representatives." " resolved, that a majority of the whole number of delegates which all the towns are entitled to ..... without those forms, and abide the consequences. should strong majorities favor the change, it generally is completed without much violence. in most states, where representation is not unequal, or the right of suffrage is not greatly restricted, the popular will can be felt and triumph through the popular vote and the .....
Tag this Judgment!Court : US Supreme Court
..... before the orders of the board of trade were received, they were not formally recalled. these transactions, however, excited much attention at the time in england from the representations which were made concerning them by governor wright of georgia. the ultimate consequence was that the king, in january, 1764, extended the limits of georgia, including within ..... in the territories of each, from war among themselves and from such as might lead to aggressions upon the territories of either nation. added to such considerations, the people who had settled to the west of the chattahoochee, between it and the yazoo river, claimed from the united states the protection which georgia could not give, and ..... against it. but the political necessity under which congress had been called upon to act soon became obvious to all, and to none more than to the people and the legislature of georgia. it is not necessary to give an account of all that passed from that time to the transfer of the territory to the .....
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