The Federal Reporter: Cases Argued and Determined in the Circuit and District Courts of the United States, Niteet 25–26West Publishing Company, 1886 |
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Tulokset 1 - 5 kokonaismäärästä 74
Sivu 51
... contract , are dissolved . The blockade operates on both parties alike . It is a major force that prevents each from performing his own part of the contract . If it disables the ship from delivering the cargo as agreed , it equally dis ...
... contract , are dissolved . The blockade operates on both parties alike . It is a major force that prevents each from performing his own part of the contract . If it disables the ship from delivering the cargo as agreed , it equally dis ...
Sivu 52
... contract as a common - law obligation . Such was the direct adjudication in the case of Scott v . Libby , 2 Johns . 336 , 3 Kent , * 223 , where the vessel , finding her port of des- tination blockaded , brought the cargo back to the ...
... contract as a common - law obligation . Such was the direct adjudication in the case of Scott v . Libby , 2 Johns . 336 , 3 Kent , * 223 , where the vessel , finding her port of des- tination blockaded , brought the cargo back to the ...
Sivu 55
... contract remains , without any claim to damages for the de- lay ; the agreement equally remains , without increase of freight , if the major force happen during the voyage . " By article 276 : " If an interdiction of commerce arise ...
... contract remains , without any claim to damages for the de- lay ; the agreement equally remains , without increase of freight , if the major force happen during the voyage . " By article 276 : " If an interdiction of commerce arise ...
Sivu 58
... contract ; that by the common - law , unless there be some fur- ther express contract , or an implied one , through acceptance of the cargo elsewhere on account of the contract , or some beneficial serv- ice , no freight is earned ...
... contract ; that by the common - law , unless there be some fur- ther express contract , or an implied one , through acceptance of the cargo elsewhere on account of the contract , or some beneficial serv- ice , no freight is earned ...
Sivu 108
... contract , and if , upon a fair and reasonable interpretation of its import , in the light of the situation of the parties , it was not true , it is a breach of the contract which justified the charterers in refusing the vessel . The ...
... contract , and if , upon a fair and reasonable interpretation of its import , in the light of the situation of the parties , it was not true , it is a breach of the contract which justified the charterers in refusing the vessel . The ...
Muita painoksia - Näytä kaikki
Yleiset termit ja lausekkeet
action agent alleged amount application Arica assignment authority bank belligerent bill bill of lading blockade bonds Callao cargo cause certificate Chancay charge charter-party Circuit Court claim claimant collision commissioner complainant consignees contract conveyance corporation coupons court of equity creditors damages debt decree deed defendant demurrer Dippold discharge district court duty entitled evidence execution fact filed fraud fraudulent Frostburg granted Gratz Brown held infringement injunction intent interest issued judgment jurisdiction jury land letters patent liable libelant lien matter ment Missouri mortgage motion N. W. Rep notes owner paid parties patent payment person petition piratical plaintiff Plumas Eureka port proceeding purchaser purpose question Railroad Company Ralston reason received reissue road rule ship Southwestern Company statute steam-ship steamer suit supreme court testimony thereof tion trust United valid vessel void witnesses York
Suositut otteet
Sivu 696 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Sivu 209 - In the presence of the court or so near thereto as to interfere directly with the administration of justice...
Sivu 265 - Provided, that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial if the crime or offence had there been committed...
Sivu 578 - Deceased, do make or cause to be made a true and perfect Inventory...
Sivu 615 - It is a finality as to the claim or demand in controversy, concluding parties and those in privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose.
Sivu 616 - But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was -rendered.
Sivu 583 - If at any time the locator of any mining claim heretofore or hereafter located, or his assigns, shall apprehend that his original certificate was defective, erroneous, or that the requirements of the law had not been complied...
Sivu 393 - In cases where they apply"; and also with section 914, providing that "the practice, pleadings and forms and modes of proceeding In civil causes, other than equity and admiralty causes, in the circuit and district courts, shall conform, as near as may be, to the practice, pleadings and forms and modes of proceeding existing at the time In like causes In the courts of record of the state within which such circuit or district courts are held, any rule of court to the contrary notwithstanding.
Sivu 165 - A ministerial duty, the performance of which may, in proper cases, be required of the head of a department, by judicial process, is one in. respect to which nothing is left to discretion. It is a simple, definite duty, arising under conditions admitted or proved to exist, and imposed by law.
Sivu 135 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...