Court : US Supreme Court
..... , and not otherwise, which was never done. that riddle did afterwards carry on trade and merchandise on his own separate and individual account, but never afterwards credited welsh with any goods or merchandise, "and so the said writing made and executed as aforesaid is void as to him the said robert moss." to this plea the plaintiff also demurred specially for ..... plaintiffs, as an escrow, to be his act and deed, on condition that the same should afterwards page 9 u. s. 354 be signed, sealed, and delivered by some other friend of welsh, which was not done, and ..... suit abated as to him. the defendant moss, in his first plea, after protesting page 9 u. s. 352 that he did not deliver to any person unconditionally as his act and deed the writing in the declaration mentioned, averred that he signed and page 9 u. s. 353 sealed the same and delivered it to joseph riddle, one of the .....
Tag this Judgment!Court : US Supreme Court
..... , they became jointly indebted to the defendants, john and james tucker, in the sum of $106.49, being the balance of account due to the defendants, for their goods sold by h. & t. moore at vendue. after the dissolution of the partnership and while thomas moore carried on business on his separate account, the defendants, the tuckers ..... clear that in this case the chancellor, for convenience, exercised at the same time his common law and equitable jurisdiction. in conformity with the uniform exposition of the act, he permitted the partnership creditor to prove his debt before the commissioners of the bankrupt, and directed the dividend to be allotted to him out of the separate ..... singly, were equally creditors of the bankrupt in contemplation of the law, and were construed to come equally within the meaning of the term as used in the act. if this position be correct, the rules which we find laid down by the chancellor for marshaling the respective funds are to be considered merely as equitable .....
Tag this Judgment!Court : US Supreme Court
..... force and arms entered into the house and premises of your petitioners at savannah aforesaid and then and there seized, took, and detained two boxes (the goods and chattels of your petitioners) containing each one thousand dollars in silver, then and there found in the possession of your petitioners, and being of the ..... their corporate name. that corporations composed of citizens are considered by the legislature as citizens under certain circumstances is to be strongly inferred from the registering act. it never could be intended that an american registered vessel, abandoned to an insurance company composed of citizens should lose her character as an american vessel ..... given to all courts having original jurisdiction and for all sums, however small they may be. but the 9th article of the 7th section of the act furnishes a conclusive argument against the construction for which the plaintiffs contend. that section subjects the president and directors, in their individual capacity, to the suit .....
Tag this Judgment!Court : US Supreme Court
..... equity in cases free from collusion or moral fraud, so as to prevent the defendant from being charged to an amount greater than the value of the goods which actually came to her hands. but the necessity of sanctioning this mode of pursuing property, circumstanced as in this case, will appear from the impossibility ..... in absurdity, or inextricable difficulty, that the spirit is resorted to as a restriction upon the literal meaning. but the construction which i give to this act removes repugnance and absurdity, and produces a concordance between the letter and the spirit, which appears to my mind conclusive upon its correctness. what was the ..... first question depends upon the construction which the court may give to the 4th section of the statute of virginia, passed on 13 december, 1792, entitled "an act for regulating conveyances," which declares that all conveyances of land, marriage settlements of lands, slaves, or other personal property, deeds of trust and mortgages thereafter made should .....
Tag this Judgment!Court : US Supreme Court
..... contained in the deed. the covenant is "that the legislature of the state of georgia, at the time of passing the act of sale aforesaid, had good right to sell and dispose of the same in manner pointed out by the said act." the breach assigned is that the legislature had no power to sell. the plea in bar sets forth the constitution of ..... assigned, is in these words: "that the legislature of the said state, (georgia), at the time of the passing of the act of sale aforesaid, had good right to sell and dispose of the same, in manner pointed out by the said act." the breach of this covenant is assigned in these words: "now the said fletcher saith that, at the time when the ..... of part of the indian title thereon. and that the legislature of the said state at the time of passing the act of sale aforesaid had good right to sell and dispose of the same in manner pointed out by the said act. and that the governor of the said state had lawful authority to issue his grant aforesaid, by virtue of the said .....
Tag this Judgment!Court : US Supreme Court
..... ." this act enables the commissioners to sell at public vendue any lots ..... u. s. 67 of the purchaser at the second sale to discharge his note. 2. if this be otherwise, that such subsequent sale could not affect the right of o'neale, whose title would still be good. the first point depends on the second section of the act, entitled a further supplement to the act "concerning the territory of columbia and the city of washington .....
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..... defendant melton in the year 1797. page 10 u. s. 11 holland's answer states that subsequent to the two judgments, he made large advances to cox in goods, and took his obligations. it states sundry payments and negotiations made by cox, particularly three drafts or inland bills of exchange given by cox to holland in february, ..... liable to the judgments. the answer of dougherty the sheriff denies all fraud, combination, and interest in the transaction and avers that he acted merely in the discharge of his official duty, and that the sale was fair and bona fide. smith's answer is immaterial, as it relates only to 75 acres of the land which he claimed ..... and that harland afterwards conveyed his undivided interest to the other complainants. that the defendants melton, tigner and smith, claim title to the land in virtue of a sale made by the sheriff to the defendant melton, upon two writs of fieri facias, founded upon judgments obtained by the defendant holland against the defendant cox, one in .....
Tag this Judgment!Court : US Supreme Court
..... that by reason of the detention and continuation thereof as aforesaid by superior force as aforesaid, they could not at any time heretofore, nor can they yet, land the said goods, wares, and merchandises in the said united states, pursuant to the condition of the said bond in the said petition set forth, by reason whereof, and also by ..... courts of the united states. to an action of debt for the penalty of an embargo bond, it is a good plea, under the act of congress of 12 march, 1808, s. 3, that the party was prevented from relanding the goods in the united states by unavoidable accident. this was a suit brought by the united states against page 10 u ..... relanding of the cargo in the united states had been prevented by any unavoidable accident whatever, although the goods themselves were not lost, it would in my opinion have furnished a good defense to this suit. if the spanish government had forced a sale of the property and the proceeds had actually come to the hands of the owners, it would .....
Tag this Judgment!Court : US Supreme Court
..... "with which order the captain was obliged to comply." as this case is stated, the mary was driven into porto rico, and the sale of her cargo, while there, was inevitable. the dangers of the sea placed her in a situation which put it out of the ..... the court as follows: this suit was instituted on a bond taken in pursuance page 10 u. s. 175 of the original embargo act, with a condition that the cargo of the schooner mary, a sea letter vessel, should be relanded in the port of east portland ..... the exception of "danger of the seas" in the, condition of an embargo bond dated 29 december, 1807, taken in pursuance of the act of congress of 22 december, 1807. subsequent to the execution of the bond, on 9 january, 1809, congress passed a supplement to the ..... 12, 1808, vol. 9, p. 71, provided that in every case where a bond had been given under the act of 22 december, 1807, conditioned to reland the goods, &c.;, the parties page 10 u. s. 172 should, within four months after the date of the same, produce .....
Tag this Judgment!Court : US Supreme Court
..... in delivering the opinion of this court as follows: "the object of the bill was to rescind a contract made between the appellant and robert gordon, the appellee, for the sale of a tract of land by the latter to the former, upon the ground of a defect of title. the facts in the case, which are not disputed, appear to ..... (6 cranch) 176 appeal from the circuit court of the district of virginia syllabus a certificate by a competent court that an alien has taken the oath prescribed by the act respecting naturalization raises a presumption that the court was satisfied as to the moral character of the alien and of his attachment to the principles of the constitution of the ..... court was satisfied that during the term of two years mentioned in the same section he had behaved as a man of good moral character, attached to the constitution of the united states and well disposed to the good order and happiness of the same. it is true that this requisite to his admission is not stated in the certificate, .....
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