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1796

Searight Vs. Calbraith

Court : US Supreme Court

SEARIGHT v. CALBRAITH - 4 U.S. 325 (1796) U.S. Supreme Court SEARIGHT v. CALBRAITH, 4 U.S. 325 (1796) 4 U.S. 325 (Dall.) Searight v. Calbraith et al. Calbraith et al. v. Searight. Circuit Court, Pennsylvania District. April Term, 1796 SEARIGHT agreed, in February 1792, to sell to Calbraith & Co. a bill of exchange for 150,000 livres tournois, drawn upon Bourdieu, Chollet, and Bourdieu of London, payable in Paris, six months after sight; for which Calbraith and Co. agreed to pay at the rate of 17 pence the livre, (making in the whole, 10,625l. Pennsylvania currency) in their own notes, dated the 1st of May, and payable the 1st of July 1792. The bill was, accordingly drawn and delivered to Calbraith and Co. who indorsed it to George Barclay and Co. of London, by whom it was presented for acceptance; and on the 27th of March 1792, Bourdieu, Chollet, and Bourdieu accepted the bill, 'payable at the domicil of Messrs. Cottin, Jonge, and Girardot, at Paris.' George Barclay an...

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1795

Respublica Vs. Richards

Court : US Supreme Court

RESPUBLICA v. RICHARDS - 2 U.S. 224 (1795) U.S. Supreme Court RESPUBLICA v. RICHARDS, 2 U.S. 224 (1795) 2 U.S. 224 (Dall.) Respublica v. Richards Supreme Court of Pennsylvania April Term, 1795 This was an indictment, on the 7th section of the act supplemental to the act for the gradual abolition of slavery (2 Vol. Dall. Edit. p. 589) which is expressed in the following Page 2 U.S. 224, 225 words: 'If any person or persons shall, from and after the passing of this act, by force or violence, take and carry, or cause to be taken and carried, or shall by fraud seduce, or cause to be seduced, any negro, or mulatto, from any part or parts of this state, to any other place, or places whatsoever, with a design and intention of selling and disposing, or of causing to be sold, or of keeping and detaining, or of causing so to be, as a slave, or servant for term of years, every such person and persons, their aiders and abettors, shall, on conviction,' forfeit L 100, and be confined at ...

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1795

Respublica Vs. Honeyman

Court : US Supreme Court

RESPUBLICA v. HONEYMAN - 2 U.S. 228 (1795) U.S. Supreme Court RESPUBLICA v. HONEYMAN, 2 U.S. 228 (1795) 2 U.S. 228 (Dall.) Respublica v. Honeyman Supreme Court of Pennsylvania April Term, 1795 This was a writ of error to remove the proceedings in the case of a conviction for murder, at a Court of Oyer and Terminer, and general goal delivery, held in Allegheny County. On the return of the Record the defendant assigned the General Errors, and the Attorney General replied, in nullo est erratum. The indictment was set forth in the following words: 'Allegheny County, ss.' The grand inquest for the County of Allegheny aforesaid, upon their oaths, and solemn affirmations, respectively, do present that James Honeyman late of the Town of Pittsburg, in the County of Allegheny, labourer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the Devil, on the Twenty-Third Day of November in the Year of Our Lord One Thousand Seven Hundred and Nine...

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1795

Burral Vs. Du Blois

Court : US Supreme Court

BURRAL v. DU BLOIS - 2 U.S. 229 (1795) U.S. Supreme Court BURRAL v. DU BLOIS, 2 U.S. 229 (1795) 2 U.S. 229 (Dall.) Burrall v. Du Blois Supreme Court of Pennsylvania April Term, 1795 This cause was tried and a general verdict given for the plaintiff, on the 11th of September. On the 15th of September, Lewis made a motion, in arrest of judgment, because, a general verdict was taken, and the action, clearly, would only be maintained on one of the counts in the declaration. Dallas contended, that the motion was made too late, and cited 3 T. Rep. 623. Doug. 446. 1 T. Rep. 227. 4 Burr. 2526. 2 Woodeson 243, to shew, in the computation of time, when the day on which an act is done, shall be deemed inclusive. He, also, moved to be allowed to enter the verdict on the first count in the declaration, agreeably to the authority in 4 Burr. 1235. By the Court: The day on which the verdict was given should be reckoned inclusive; and, therefore, the motion in arrest of judgment has been ma...

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1795

PENN'S LESSEE Vs. HARTMAN

Court : US Supreme Court

PENN'S LESSEE v. HARTMAN - 2 U.S. 230 (1795) U.S. Supreme Court PENN'S LESSEE v. HARTMAN, 2 U.S. 230 (1795) 2 U.S. 230 (Dall.) Penn's Lessee v. Hartman* Supreme Court of Pennsylvania September Term, 1795 Ejectment brought by the late proprietaries for a tract of land in the County of Northampton. On the trial it was material for the lessors of the plaintiff to shew, that a survey had been duly made and returned into the Land-Office before the 4th of July 1796, in order to establish their title to the premises, under the reservation contained in the 8th section of the act of Assembly, vesting their estates in the Commonwealth. 1 Vol. Dall. Edit. p. 822. They, accordingly, offered to give in evidence a paper, which was certified by F. Lukins, the Surveyor General, to be a true copy of the original in his office, purporting to be the return of a Survey of 12,548 acres (including the land in question) situate in the forks of the river Delaware, and containing a draught made in pu...

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1795

Rapelje Vs. Emery

Court : US Supreme Court

RAPELJE v. EMERY - 2 U.S. 231 (1795) U.S. Supreme Court RAPELJE v. EMERY, 2 U.S. 231 (1795) 2 U.S. 231 (Dall.) Rapelje v. Emery Supreme Court of Pennsylvania September Term, 1795 A verdict having been taken for the plaintiff in this cause, subject to the opinion of the Court, the question (arising upon the same facts, set forth in the decision in the Common Pleas ant. 51.) was argued in April Term last, on a motion for a new trial, and the Judges now delivered their opinion feriatim to the following effect. M'Kean, Chief Justice: Upon every view of the subject, I am of opinion, that a new trial ought to be granted. The proceedings of the Court of St. Eustatius we must presume to be conformable to the law of the place; the decision appears to be strictly just; and, independent of the merits, we are bound by it, as the decision of a competent tribunal. Shippen, Justice. Having delivered my sentiments at large, in this action, from another Bench, I mean now only to take noti...

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1795

WARDER Vs. CARSON'S EX'RS

Court : US Supreme Court

WARDER v. CARSON'S EX'RS - 2 U.S. 233 (1795) U.S. Supreme Court WARDER v. CARSON'S EX'RS, 2 U.S. 233 (1795) 2 U.S. 233 (Dall.) Warder et al. v. Carson's Executors Supreme Court of Pennsylvania September Term, 1795 This was an action on a Foreign Bill of Exchange, brought by the indorsee against the executors of the indorsor, and a verdict was given for the plaintiff. A motion having been made and argued for a new trial, on the ground that there had been no proof of notice to the deceased indorsor, that the bill was protested, and of a demand for payment on the drawer, the Chief Justice delivered the opinion of the Court. By the Court. The only point before us is, whether due notice was given to the testator of the demand and non-payment of the bill. From the peculiar situation of this country notice must be considered as a matter of fact; and, in that way, it was left to the Jury, in the present case, with this single remark, that the notice ought to be given as soon as it i...

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1795

Caignet Vs. Pettit : Caignett Vs. Goulbaud

Court : US Supreme Court

CAIGNET v. PETTIT : CAIGNETT V. GOULBAUD - 2 U.S. 234 (1795) U.S. Supreme Court CAIGNET v. PETTIT : CAIGNETT V. GOULBAUD, 2 U.S. 234 (1795) 2 U.S. 234 (Dall.) Caignet v. Pettit Supreme Court of Pennsylvania September Term, 1795 This was a Scire Facias against the defendants, as garnishees of Gilbaud, Rouge & Co. French citizens, residing in the West Indies. A rule was obtained by the defendants to shew cause why the proceedings should not be quashed, upon the ground, that the plaintiff was also a French citizen, and that, therefore, the Court was precluded from exercising any jurisdiction, by the 12th article of the Consular Convention, which provides, that 'all differences and suits between the citizens of France, in the United States, or between the citizens of the United States, within the dominions of France, &c.; shall be determined by the respective Counsuls and Vice-Consuls, either by a reference to arbitrators, or by a summary judgment and without costs. No of...

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1795

KachlIn Vs. Mulhallon

Court : US Supreme Court

KACHLIN v. MULHALLON - 2 U.S. 237 (1795) U.S. Supreme Court KACHLIN v. MULHALLON, 2 U.S. 237 (1795) 2 U.S. 237 (Dall.) Kachlin et al. v. Mulhallon, et al. * Supreme Court of Pennsylvania September Term, 1795 Debt on a bond. Plea, payment, with leave &c.; and issue. The counsel for the defendants had given notice, agreeably Page 2 U.S. 237, 238 to the 39th rule of practice, that evidence to the following effect would be offered on the trial of the cause, to wit; That the bond was given for payment of the consideration money of a tract of land and mill, which the plaintiffs had sold to the defendants, reserving in the deed a right to swell and raise the water, so as not to injure the mill; but that the plaintiffs had raised the water, so as to injure the mill. The counsel for the plaintiffs (Ross and Thomas) objected to the evidence, on the ground, that the injury, if it had really happened, was in the nature of a tort, for which the damages were not ascertained, and co...

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1795

Respublica Vs. Ross

Court : US Supreme Court

RESPUBLICA v. ROSS - 2 U.S. 239 (1795) U.S. Supreme Court RESPUBLICA v. ROSS, 2 U.S. 239 (1795) 2 U.S. 239 (Dall.) Respublica v. Ross Supreme Court of Pennsylvania December Term, 1795 This was an indictment containing six Counts, which charged the defendant, in various forms, with forging and uttering a promissory note, dated the 27th of July 1795, purporting to be a note drawn by Joseph Heister in favor of John Smith, indorsed first by John Smith, and afterwards by Jacob Morgan; and with fraudulently conspiring with one Langford Herring to procure Jacob Morgan to indorse the note by means of a forged letter, purporting to be addressed by Joseph Heister, to Jacob Morgan. In the course of the trial, the following points of evidence were ruled by the Court. I. The Attorney General (Ingersoll, who was assisted by Lewis and Heatly) offered Joseph Heister, the supposed drawer of the note, to prove that his signature was forged. The Counsel for the defendant (Rawle, M. Levy, M'Ke...

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