Court : US Supreme Court
..... has clearly page 23 u. s. 332 expressed its will. mr. chew appears to be a very meritorious officer, and deserving of public respect for his good conduct on this occasion. but as the act has made no provision for his compensation, he must be left, in common with those who made the military seizure, to the liberality of the government. ..... a decree of condemnation, and after such condemnation it authorizes him to sell such negro, &c.;, as a slave for life, and then declares that "the proceeds of such sale shall, after deducting all charges, be paid over by the said sheriff, one moiety for the use of the commanding officer of the capturing vessel, and the other moiety to ..... respects as well the distribution of the proceeds of the vessel, which must be made according to the rules prescribed in that section, as of the proceeds of the sale of the negroes, who were unlawfully brought into the united states, and in the progress of the discussion it will materially aid us in the decision of the latter .....
Tag this Judgment!Court : US Supreme Court
..... kirkner to devote their whole time and attention to said manufactory, and neither to sell, barter, nor dispose of, in any manner or way or means whatever, any goods of the description hereinbefore described or which may in any manner or way whatsoever interfere with the exclusive privilege hereinbefore granted, but will faithfully manufacture for said de young, and ..... of the watch chains was owned in whole or in part by the defendant or that it was hired to the defendant for six months under color of a sale of the articles which might be manufactured with it, and with intent to invade the plaintiff's patent right. whether the contract, taken in connection with the ..... innocently contract with a manufacturer to purchase all the articles which he might be able to make within a limited period, to the heavy penalty inflicted by the act, although he might have been ignorant of the plaintiff's patent or that a violation of it would be the necessary consequence of the contract. it might possibly .....
Tag this Judgment!Court : US Supreme Court
..... words are "whenever any page 23 u. s. 298 person who shall have incurred any fine, penalty, forfeiture, or disability or shall have been interested in any vessel, goods, wares, or merchandise, which shall have been subject to any seizure, forfeiture, or disability by force of any present or future law of the united states for laying or ..... , upon his having executed, together with abraham k. smedes, and thomas c. butler, a bond for their appraised page 23 u. s. 248 value. the vessel and goods were afterwards, on 27 may, 1817, condemned as forfeited to the use of the united states. and such proceedings were thereupon had that in the following september term of the ..... with the brig, were thereupon seized as forfeited to the united states on the ground that the goods had been imported in that vessel in violation of the nonintercourse acts then in existence. the goods and vessel were libeled in the district court of maine on 6 july, 1813, and on the 19th of the same month were delivered up .....
Tag this Judgment!Court : US Supreme Court
..... was void as being affected with usury. barry also answered, admitting the conveyance to himself by prentiss in trust to sell, which sale he had effected publicly and in good faith before the bill filed, and in pursuance of the sale had conveyed to the defendants, j. and r. m. johnson, and alleged that he was ignorant of the claim of the ..... no further than this that the bond is given to pay generally, without regard to place, and the money to be paid by way of rent, appears by the subsequent acts of the parties respecting the bills drawn for the rent to have been payable in philadelphia. the contract of 1817, in which this mortgage originated, was executed in kentucky, ..... the negotiation, but intimately connected with, if not the primary object of, the loan; that the price, however inflated, was that which both parties had by previous unequivocal acts set upon it; and if it could be said to have a market value, there is no evidence that it was above its market value; and finally that it was .....
Tag this Judgment!Court : US Supreme Court
..... their "forms and modes of proceeding," there could have been no question that this process was legalized. nor is there anything in the different phraseology adopted in the act of 1792 that could preclude its use. that it is agreeable to the "principles, rules, and usages which belong to courts of admiralty" is established not ..... far the case is consistent and intelligible, but the record contains also a petition for the sale of certain attached goods, a survey of the goods, and a decision against the petition, but no exhibition of the process or mode by which these goods came into the custody of the marshal. as the decision of the court sustains the demurrer ..... proceeding as courts of admiralty and maritime jurisdiction, may issue the process of attachment to compel appearance both in cases of maritime torts and contracts. under the process act of 1792, ch. 137, sec. 2, the proceedings in cases of admiralty and maritime jurisdiction in the courts of the united states are to be according to .....
Tag this Judgment!Court : US Supreme Court
..... the purchase were bona fide, that the requisite alterations were not made page 23 u. s. 136 in the ship's papers, since, by the act of congress, unless registered anew upon such sale, the vessel forfeits her american character? sheppard, in his testimony, gives an extraordinary reason for the occurrence, declaring that he was insolvent at the time ..... to any purchaser. the cargo of the plattsburgh, as contained in the manifest, consisted principally of goods belonging to various shippers who are not in the slightest degree implicated in any part of the guilt of this transaction, and upon the sales of the same at st. jago de cuba, the proceeds were regularly remitted to them. these ..... time, both vessels arrived at the port of destination and unladed their cargoes. and here the sale to mr. marino is alleged to have taken place, in entire good faith, for the sum of $12,000, although, upon the production of the bill of sale, the sum is there asserted to be $8,000 only. both of the vessels are .....
Tag this Judgment!Court : US Supreme Court
..... clause in question can be extended to wills of any other description. the orphan's court may take probates of wills though they affect lands, provided they also affect goods and chattels, but the will nevertheless is conclusively established only as to the personalty. unless the words be explicit and imperative to the contrary, the construction must necessarily ..... be barred by the defendant's possession if he brings himself within the provisions of the statute. in order to connect himself with the patent, the defendant proved a sale of the inchoate interest of john rice to one solomon kitts, and the next link in his title depended upon the will of solomon kitts. to prove that ..... principle is modified by the provisions of the constitution and laws of the united states in respect to the faith and credit, &c.;, to be given to the public acts, records, and judicial proceedings of each state in every other state? the local law of maryland as to the effect of evidence of the probate of a will .....
Tag this Judgment!Court : US Supreme Court
..... regard to the mode of selling new lands are doubtless sanctioned by experience, and i am happy to commit the agency of my property to your experience and good judgment, from whence i expect to derive peculiar advantage." these letters, we think, constitute a special agreement upon the subject of commissions to be paid by hart ..... all those contracts that should be carried into effect, five percent commission, received in contracts, with a conveyance of the lands covered by the contract or contracts received. on sales made in exchange for lands, &c.;, three percent commissions, to be received either in contracts here, on lands here at retail price. always, as far as is ..... of action arises, a general indebitatus assumpsit cannot be maintained. but if the agreement has been wholly performed or if its further execution has been prevented by the act of the defendant or by the consent of both parties, or if the contract has been fully performed in respect to any one distinct subject included in it .....
Tag this Judgment!Court : US Supreme Court
..... incurring the guilt of perjury. if, then, the basis upon which ad valorem duties are to be estimated has not been changed by the act of 1818 from the actual cost to the market value of the goods at the place of importation, as we are satisfied it has not, the answer to the first question certified to this court will be ..... the cause in the circuit court of massachusetts, the following questions arose: 1. whether the words "true value" in the 11th section of the act of 20 april, 1818, meant the current market value of such goods at the place from which they were imported or the true and actual cost thereof to the importer at such place. 2. whether, if the ..... efficient means of detecting all evasions of the law was one of the principal objects of this 11th section of the act of 1818. it requires the collector, whenever in his opinion there shall be just grounds to suspect that goods subject to an ad valorem duty have been invoiced below their true value at the place from which they were imported .....
Tag this Judgment!Court : US Supreme Court
..... as unconcerned spectators while the property was applied by marbury to the use of fitzhugh, these or other circumstances tending to show that the deed was not made in good faith for the purposes expressed in it would have induced a court of chancery to set it aside, or have justified a court of law in instructing a jury ..... on the validity of a deed executed by richard h. fitzhugh on 31 december, 1819, purporting to convey to the defendant, for the use of certain enumerated creditors his slaves, goods, and debts, which deed page 24 u. s. 80 was recorded in the record book for the county in which the parties resided, on 3 january, 1820. immediately after ..... it. the preference of creditors of a particular description over others, being one which a debtor has a right to make, the sale of his property and the payment of the proceeds to such favored creditors being an act which the debtor may perform by himself or his agent, we cannot conceive that the motives which may have induced the preference, .....
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