Court : US Supreme Court
..... executed and a corkscrew delivered in the name of the whole. mercer died within the fourteen days, and immediately after their expiration harbin took possession of the goods specified in the bill of sale and sold them. a suit was then brought against him by edwards, who was also a creditor of mercer, charging harbin as executor in his own ..... slave, george, remained in the possession of the vendor by the consent and permission of the vendee, and if by such consent and permission the vendor continued to exercise acts of ownership over him, the vendee under such circumstances could not protect such slave from the execution of the defendant. the court gave the instruction required, to which a ..... be a valid one if recorded within eight months. on this point one judge doubted, but he is of opinion that this bill of sale was not recorded within the time required by the act, and that the decision in the case of eppes v. randolph, which was made by the court of appeals of virginia on a different .....
Tag this Judgment!Court : US Supreme Court
..... but few attempted before the spring or autumn of 1796. e. tilghman and dallas contended, that the plaintiff had acquired a good right by settlement, survey, and warrant, to the lands in question, under the laws of pennsylvania, and particularly the act of the 3d of april 1792, 3 vol. p. 209.; that the settlement of meade, in 1795, was in ..... made in 1784, lying east of alleghany river and conewango creek, to 5l., to be granted to purchasers, in the manner authorised by former laws. the 2d section offers for sale all the other lands of the state, lying north and west of the ohio, alleghany, and conewango, to persons who will cullivate, improve, and settle the same, or cause ..... settler, he has persevered in his endeavours to make those improvements, &c.; but what it becomes such a grantee to do, before he can claim a patent, or even a good title, is quite another question, upon which i give no opinion. as to the plaintiff's surveys and warrants, they cannot give him a title. not the surveys. 1st. .....
Tag this Judgment!Court : US Supreme Court
..... a note; but the law, gradually accommodating itself to common sense and common honesty, is at length settled, that for money lent; for liquidated balances: nay for goods sold and delivered, where the usual credit is expired; for money detained, which ought to be paid over, and during the continuance, as well as before the commencement ..... being exclusively with the former, and no demand of payment, no notice of the claim, to the latter, till 1798, long after the dissolution of the partnership. the act, or assumption, of one partner, to bind the company, must take place during the continuance of the partnership; and here the only promise made by morris, during ..... during several years after the war, the debt was repeatedly acknowledged, and a remittance of the amount promised, in a correspondence between the plaintiffs and morris, as the acting partner of the defendants; page 4 u.s. 286, 287 that the partnership commenced by articles dated the 1st of january 1773, and continued for five years; .....
Tag this Judgment!Court : US Supreme Court
..... r. t. hooe & co." "groverman further covenants with the said r. t. hooe & co. that the vessel is and shall, during the voyage, be kept in good condition and furnished with all manner of necessary and proper rigging, &c.;, and with mariners to navigate her. he further covenants to allow twenty-five running days for lading the ..... cargo is to be delivered to hooe & co. in alexandria. these stipulations all indicate that the voyage was to be performed under the orders of groverman, because the acts stipulated are to be done by him, and the covenants are his covenants. this is further evidenced by the subsequent language of the charter party. the succeeding sentence begins ..... vessel into port; nor are they responsible for the consequences of that measure, unless they could be considered as responsible for a violation of the covenant by the act of the captain. if these facts are to be differently understood, and the communication made by hooe to the captain is to be understood as authorizing him to .....
Tag this Judgment!Court : US Supreme Court
..... , 'that no person, or persons whatsoever, except as hereinafter is excepted, shall, after the publication of this act, take upon him, her, or themselves, to sell, or expose to sale, by way of vendue, or auction, any wares, goods, or merchandizes, within the city of philadelphia, unless such person, or persons, shall be recommended by the mayor, recorder, ..... the vendee be exposed to two demands, and two suits? if, then, upon motives of public policy, a public agent is imposed on the citizens for the sale of their goods, nothing but express words would warrant our supposing, that the legislature, while they took a bond to protect the collection of a small revenue, meant to leave ..... public vendue. he is not only the exclusive agent to sell; but the law, obviously, makes him the exclusive agent to collect the amount of the sales: the owner of the goods cannot forbid the payment to the auctioneer, and recover the purchase money himself. in such a state of things, it is reasonable and just, that .....
Tag this Judgment!Court : US Supreme Court
..... sea by the captain in sight of the privateer which captured him, secondly, that the captain and supercargo having precipitately abandoned their ship, in spite of the good treatment received by them from the french captain, and the hints he gave them about remaining there in order to plead their own cause, and thereby avoid her ..... of condemnation, the mount vernon and her cargo were delivered to the captors by the spanish governor of porto rico, with permission to sell them there. at the public sale, rousseau, a naturalized american, purchased the ship; and afterwards sold her for 22,000 dollars, to m'lure, the present defendant, an american citizen, who brought ..... : but every effort being ineffectual for that purpose, the court observed, that they could not, on the one hand, exercise the oppression of coercing a juror to act in contradiction to his real religious, and conscientious scruples; nor, on the other, would they expose the defendant to the consequences of a trial, in which he might .....
Tag this Judgment!Court : US Supreme Court
..... 6 u. s. 249 the french consul representing the claimants of the blaireau, assigned for error 1. that the whole amount of salvage was more than in equity and good conscience the salvors were entitled to, and that it ought not to have exceeded one-third of the value of the ship and cargo; 2. that toole having shipped as ..... judge of the district court of the united states for maryland district, and by the power and authority of this court, ordered, adjudged, and decreed that the net amount of sales of the said ship blaireau, her tackle, apparel, and furniture and cargo, after deducting the costs in the cause, and the sum of $388 heretofore decreed by consent to ..... cargo, which may be imputed to the captain, would balance that account if, as is contended by his counsel, the court could not, on principles generally received, consider the act of embezzlement as a total forfeiture of all right to salvage. but the case of a mariner who forfeits his right to wages by embezzling any part of the cargo .....
Tag this Judgment!Court : US Supreme Court
..... having the appearance of being one. the crew were englishmen, portuguese, and negroes, and the supercargo was a frenchman. the vessel had carried a cargo of dry goods from thomas to jeremie, and was, when captured, returning with a cargo of coffee. the district court adjudged the vessel to be restored to the original owners and ..... receded from this first opinion. i acquiesce in that of my brethren, which is that the instructions cannot change the nature of the transaction or legalize an act which without those instructions would have been a plain trespass. it becomes therefore unnecessary to inquire whether the probable cause afforded by the conduct of the flying fish ..... particularly the fifth section as part of your instructions and govern yourself accordingly." "a proper discharge of the important duties enjoined on you arising out of this act will require the exercise of a sound and impartial judgment. you are not only to do all that in you lies to prevent all intercourse, whether direct .....
Tag this Judgment!Court : US Supreme Court
..... thing, for the omission of which he is to be punished. but an american vessel does not cease to be entitled to her privilege, any more by the act of sale, than by the act of altering her form, or burthen; both cases being embraced by the provisions of the 14th section. let us suppose, therefore, that the construction of the vessel ..... , district judge. this is a suit commenced on a custom-house bond, for one half the duties due to the united states, by the defendants willings and francis on goods imported in the ship missouri from canton. the bond is in the usual form, dated the 15th of november 1802; and was given with other bonds for duties, as charged ..... above bond, for which this suit is brought, inasmuch as the sum of seven thousand seven hundred, and twenty dollars and forty-one cents is thereby demanded for dates on goods, per the ship missouri, whereas the sum of seven thousand and eighteen dollars and seventy-three cents only was due for the same, the said ship, the missouri, being .....
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..... which we request on this occasion. as we do not want to deprive b. of the benefits to be derived from the sale of these goods, we wish you to hold them at his disposal, but not to deliver them to him, without being paid for the ..... 11th of december 1800. the plaintiffs refused to ratify the composition, and brought the present suit to recover the invoice value of the goods, with interest according to the usage of trade. on the trial, ingersoll assumed three grounds of defence: 1st. that there was no ..... 2 bac. abr. 266. bull. n. p. 159. 1 esp. n. p. 179. 3d. that the defendant, acting as a general consignee, may be considered as selling the goods to b., and, consequently, is not liable to his principal, for more than he actually received. willes rep. 407. for the ..... to a decision of judge chase's, in the circuit court of delaware, which pronounced, that the act repealing the latter provision, revived the former, and was to be applied to all suits present, or future. dallas referred, however, to .....
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