Court : US Supreme Court
..... by the counsel, on both sides, stating, that the plaintiff below had notice of the bond and assignment before the suit brought, but not before the sale and delivery of the goods by him to the defendant. the refusal of the court of common pleas to permit the bond and assignment, to be given in evidence, was the error ..... insolvent debtors from obtaining a subsistance, goes much too deep: it is considering inconveniencies arising on a question which clear and positive law has determined; for, the act of assembly says that the future effects of an insolvent debtor shall be liable to the payment of his old debts; and the judges of the courts of common ..... evidence a certain bond, or obligation, of the said ludwig kuhn (prout obligation) assigned (prout assignment) entered into by the said plaintiff, before his discharge under the insolvent act, and prayed, that the monies thereon page 1 u.s. 452, 453 due might be defalked against the said ludwig kuhn's demand, which it was argued, had commenced .....
Tag this Judgment!Court : US Supreme Court
..... years interest was struck off from the plaintiff's demand.* that in the present case strettle was the attorney: that a tender or payment to him would have been good; and that such payment did not in any manner contravene the resolution of congress. that payment in bills of exchange would be lawful at any time, and could ..... in 1787, when there was a general compliance enacted through all the united states, in order to see if that would produce a counter-compliance, their legislature passed the act repealing all laws repugnant to the treaty, and their courts, on their part, changed their rule relative to interest during the war, which they have uniformly allowed since ..... drawn by american citizens were generally protected. it has been said, that it might have been paid to strettle: but that depended upon his pleasure, whether he chose to act as attorney or not. i have searched for precedents both in the civil law, and in the books of reports; but could find none. we, therefore, determine on .....
Tag this Judgment!Court : US Supreme Court
..... facts respecting the alledged assignment to willing & morris are briefly, that g. inglis, being entitled to a sum of money for his share in the commissions, arising from the sale of goods consigned to s. inglis & co. applied for payment to willing & morris, the surviving partners; that they refused, at first, to make the payment, insisting that they ..... cautiously had they conducted themselves in order to avoid a contrary construction; and that the year observed for this payment did not elapse till sometime after the sale of the goods had been completed. it was remarked to have been the intention of the testator to afford a personal relief to his brother, and not to furnish ..... morris was a partnership debt; and to compel him to surrender his legacy, merely to obtain his own money, was an unconscionable page 2 u.s. 45, 48 act of coercion, void of any legal foundation. the credit originally given by willing & morris had no possible relation to the legacy; nor can it fairly be presumed that .....
Tag this Judgment!Court : US Supreme Court
..... william pollard, and sold by him previous to his bankruptcy? 4th. is not the said william price, entitled to the whole of the monies, proceeding from the sales of said last mentioned goods, which were in william pollard's hands at the bankruptcy, and which the said robert ralston took as assignee and sold? 5th. is william price, or is ..... the bankrupt, and nothing more, to the general benefit of his creditors; unless, indeed, in the case of a sale made by the bankrupt, and the goods being afterwards allowed to continue in his possession and use. the 20th section of the act, it is true, is not introduced by a preamble, similar to that which is contained in the english statute; ..... 11. and the 20.section of the act of pennsylvania. 2 dall. edit. p. 370. 2 bl. com. 485. for, the latter has no preamble to explain and mark its meaning, as the english statute has, and, on the construction of which, all such effects are excepted, from the sale of the bankrupt's goods, as he held in auter droit. thus .....
Tag this Judgment!Court : US Supreme Court
..... act of assembly, which follows the words of the statute. even at common law, goods ..... act ..... the act, that ..... the act of assembly ..... our act of ..... , cause the goods distrained, to ..... the identical goods distrained, ..... the goods, which ..... the goods having been ..... goods remained ..... goods of the tenant. as to the removal of the goods ..... goods for eight days. the ..... goods ..... goods, the distrainor may have his action de parco fracto, or may take the goods ..... goods ..... act of assembly, to impound on the premises agreeably to the directions of the act ..... goods under it by the sheriff, ..... goods ..... goods, and delivered them to cresson, who sold them at public vendue. the question submitted to the court was, whether the goods ..... goods by virtue of a writ de retorno hatendo. the facts were as follows: one cresson, distrained goods of hamilton, for rent, due to samuel emlen; hamilton, replevied the goods ..... goods into the house of the plaintiff, who, after rent had accrued to him, distrained the goods; hamilton, the next day after this distress, removed the goods .....
Tag this Judgment!Court : US Supreme Court
..... defendant, the owner, his heirs, executors, and administrators, where no sufficient personal estate is to be found:' but this general authority is restrained by the second act, which declares, 'that no such sale shall be made of lands, tenements, or hereditaments, which shall or may yield yearly rents or profits beyond all expences sufficient within the space of seven years ..... if the valuation of the land delivered to the plaintiff towards satisfaction of his debt shall fall short, he may have another execution against the defendant's body, lands, or goods, for the residue. we are, therefore, of opinion, that an estate for life taken in execution, may be sold, without holding an inquest on its value: and, ..... life, may be extended by elegit; and that is proved from the passage in 4 black. com. 418. 419. where it is laid down, that 'if the goods are not sufficient, then the molety or one half of the defendant's freehold lands, whether held in his own name, or by any other in trust for him, .....
Tag this Judgment!Court : US Supreme Court
..... power to sell for the payment of legacies, is not valid against creditors. if the power had been to sell for the payment of debts, a bona fide sale would, in my opinion, be good against creditors, and all the world. by the court: let the judgment of the supreme court be reversed. footnotes [ footnote * ] but, ingersoll observed, ..... left england. this agreement was confirmed by a compact in 1682; and by a subsequent act of the legislature lands were subjected to sale, for debts on judgment and execution, in suits against executors. it is obvious that the legislature intended to give creditors as good a security, with regard to the lands, as to the chattels, of their debtors ..... . the execution issues against the executors; and, by virtue of the writ, the lands of the testator, in the hands of an heir, or devisee, may be levied on. in the last act for regulating descents (3 vol .....
Tag this Judgment!Court : US Supreme Court
..... were disputed. the court on full argument resolved, that the agent might, as a common head or center for the captors, and hospital, under the right acquired by the act of assembly, of the 8th of march, and 22nd september, 1780, institute a suit in his own name, as the captors themselves might have done; and as the ..... but, it seems, our expectations have been disappointed, and we are obliged, at last, to decide the controversy. to determine the first question, we must take into consideration the act of congress for erecting tribunals competent to determine the propriety of captures, passed the 25th november, 1775, the fourth section of which is in these words: 'that it be, ..... to them, by the admiralty decree; they having a vested interest therein, under page 2 u.s. 160, 169 the acts of congress, and the legislature. the marshall had returned to the judge, that he had the goods and money ready to be delivered to the captors, or their agent; and this was held to amount to a written promise .....
Tag this Judgment!Court : US Supreme Court
..... term insured is thought equivocal, wesket is more express, and in p. 165 says; 'it makes no difference whether the owner of the ship, or the proprietor of the goods, were or were not privy to the deviation.' in elton & brogdon ( e) the deviation was against the express and positive orders of the owners, yet it was not ..... . sailing out of port without payment of duties, is not an exception: this is said to be neglect, but it is more; it is evidently a fraudulent and criminal act, exposing the ship to forfeiture, for the dishonest purpose (c) of putting money in his own pocket. sometimes, indeed, it is difficult to distinguish the lower species of ..... without any necessity or just cause. this will, therefore, discharge the policy, unless the circumstances attending it, prove it to be (as the plaintiffs contend it is) an act of barratry. before i take notice of those circumstances, it will be proper to ascertain what is meant by barratry. it has been often defined, and its general meaning seems .....
Tag this Judgment!Court : US Supreme Court
..... court of admiralty, it is a thing which we have no authority to do.' this is an action of the same kind. the goods in possession of the marshall, were in possession of the law and of the court; there is no contract express or implied between him ..... it for the benefit of the captors; and the plaintiff is the agent appointed by the judge, agreeably to the 14th sect. of the act. it is his duty to receive it. to him are intrusted the rights of the absent seamen, and the contingent right of the pennsylvania ..... shares are to be paid over to the pennsylvania hospital. the marshall is directed to sell and pay over under a penalty, by an act of the 22nd september, 1780. sect. 10. and surely the penalty may be waived, and the plaintiff proceed for the sum due. agents ..... interested in the proceeds of a prize? the counsel for the plaintiff urged, that the agent was an officer appointed by virtue of an act of assembly of the 8th of mar. 1780, and is known to the law. he is to receive the money, and the .....
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