Reports of Cases Argued and Determined in the Circuit Court of the United States for the First Circuit, Volumen3Charles C. Little and James Brown, 1852 |
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Abraham action affidavit afterwards agent agreement alleged allowed amendment amount Angier answer assignee averred bankrupt bill bond bottomry Bryce Jewett cargo Chancery charge Charles Tufts claim complainant consideration considered contract counsel Court Court of Equity creditors debt debtor defendant demurrer equity evidence executed existed facts favor filed fraud freight further Gale Greely and Guild ground Ibid injunction interest John Joseph Cunard Joshua Jewett judgment jurisdiction jury LEVI WOODBURY liable libellant Luther Jewett machine Massachusetts matter mortgage motion objection original owners paid parties patent payment plaintiff proper question recover rehearing respect respondents resulting trust Rhode Island S. C. Hemmenway Samuel Cunard share ship specification Statute Statute of Frauds suit Sumn testified testimony tion transaction trial trust unless usury valid verdict vessel voidable whole Wiggin witness Wolf Woodb WOODBURY Woodworth writ
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Página 115 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a Court of law ; or of which he might have availed himself at law, but was prevented by fraud or accident unmixed with any fault or negligence in himself or his agents, will justify an application to a Court of Chancery.
Página 332 - That if a suit be commenced in any state court against an alien, or by a citizen of the State in which the suit is brought against a citizen of another State...
Página 479 - June [1677] all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Página 253 - ... most uneasy and unsteady trot. To show the cool effrontery of Dimasio, he complained, on several occasions, of the gait of the animal, and said that he was disappointed in her ! It is generally considered indelicate to " look a gift horse in the mouth," or allude to any little faults he may possess ; I do not see why the same rule should not apply to a stolen mule. That she might take the whim to throw Salezar over her head, as had frequently been her wont when her riders were Americans, was...
Página 335 - M. 325, which was an application for a mandamus to compel a state court to remove a cause to the circuit court, Mr. Justice Woodbury said: "Some doubt might exist whether a mandamus to a sta/te court from this tribunal organized under another government was the proper remedy.
Página 492 - Where a contract which a plaintiff seeks to enforce is expressly, or by implication, forbidden by the statute or common law, no court will lend its assistance to give it effect: and there are numerous cases in the books where an action on the contract has failed, because either the consideration for the promise, or the act to be done, was illegal, as being against the express provisions of the law, or contrary to justice, morality, and sound policy. But...
Página 373 - The said party of the first part does further engage that the whole of said vessel (with the exception of the cabin, the deck, and the necessary room for the accommodation of the crew, and the stowage of the sails, cables, and provisions) shall be at the sole use and disposal of the said party of the second part during the voyage aforesaid ; and that no goods or merchandise whatever shall be laden on board, otherwise than from the said party of the second part, or his agent, without his consent,...
Página 239 - Surety, are held and firmly bound unto the United States of America, hereinafter called the Government, in the penal sum of dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
Página 344 - ... four hundred dollars for each offense, and shall be disabled from holding any office of trust or profit under the United States, for a term not exceeding seven years...
Página 220 - The principal may at any time revoke and withdraw the power of an agent at his pleasure, and without notice. This is a right that is fully reserved to him by the law. But if the agent has entered on the business of the agency, and has fairly, in the ordinary course of business, and in good faith, entered into any engagements, or come under any liabilities, in the prosecution of the proper business of the principal, before notice of the revocation of agency, the principal will be bound to indemnify...