Practice Reports In The Supreme Court And Court Of Appeals (volume 18) by Nathan HowardPractice Reports In The Supreme Court And Court Of Appeals (volume 18) by Nathan Howard

Practice Reports In The Supreme Court And Court Of Appeals (volume 18)

byNathan Howard

Paperback | February 3, 2012

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1860. Excerpt: ... Wilklow agt. Bell. Liverpool on her return voyage from China, and sail from that port direct to New-York, without passing beyond the restricted limits of trade mentioned in the policy. I am quite persuaded that no intelligent shipping merchant in the city of New-York, on receiving such a policy as this, would suspect that the restrictive clause would prevent the vessel on the return home from China on her "round voyage," from taking cargo at Liverpool direct for New-York. I think that a vessel so trading is within "the trade" to which she is restricted by the policy. If there were any custom or usage which could control this natural understanding derived from the plain import of tho words employed, it would have been easy to have shown it by shipping merchants familiar with this trade. But no suggestion of such usage was made, and no evidence of such merchants was offered. To the question which was asked of the insurance officer about the course of trade, no basis was laid, and no evidence of his knowledge or capacity to speak on that subject was prepared, and the question was excluded. I am of opinion that the plaintiffs are entitled to recover. SUPEEME COURT. David Wilklow agt. John J. Bell, Daniel D. Bell and Meeker Qorham. "Where in an action against tho maker and indoraera of a promissory note, the defendants put in scparato answers and defend separately, and the plaintiff recovers a verdict against the maker only, and tho other defendants have a verdict in their favor, the latter cannot tax their costs against the plaintiff of course; but must, under section 300, make application to the court, for as ward of costs. (This agrees with Bank of Attica agt. Wolf, ante, p. 102; and Zink agt. AUenbwg, ante, p. 108, all general term decisions decided in Sep...
Title:Practice Reports In The Supreme Court And Court Of Appeals (volume 18)Format:PaperbackDimensions:206 pages, 9.69 × 7.44 × 0.44 inPublished:February 3, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217035744

ISBN - 13:9780217035743