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1806

U S Vs. Mcgill

Court : US Supreme Court

U S v. MCGILL - 4 U.S. 426 (1806) U.S. Supreme Court U S v. MCGILL, 4 U.S. 426 (1806) 4 U.S. 426 (Dall.) The United States v. James McGill. Circuit Court, Pennsylvania District. October Term, 1806 THIS was an indictment for the murder of Richard Budden, containing three counts. 1st. Charging the murder to have been committed on the high seas. 2d. Charging it to have been committed in the haven of Cape Francois. 3d. Charging the mortal stroke to have been given on the high seas, and the death to have happened, on shore, at Cape Francois. The indictment was founded on the 8th section of the penal law (1 vol. 102.) which provides 'that if any person, or persons, shall commit upon the high seas, or in any river, haven, bason, or bay, out of the jurisdiction of any particular state, murder, &c.; every such offender shall be deemed, taken, and adjudged to be a pirate and felon, and being thereof convicted, shall suffer death.' Upon the evidence it appeared, that the prisoner ...

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1806

Snell Vs. Delaware Ins Co

Court : US Supreme Court

SNELL v. DELAWARE INS CO - 4 U.S. 430 (1806) U.S. Supreme Court SNELL v. DELAWARE INS CO, 4 U.S. 430 (1806) 4 U.S. 430 (Dall.) Snell et al. v. The Delaware Insurance Company. Circuit Court, Pennsylvania District. October Term, 1806 COVENANT on an open policy, for 2500 dollars, at a premium of 10 per cent., upon the brig Hound, on a voyage from Jamaica to New-York. The facts were these: the brig and cargo, belonging to the plaintiffs, sailed on a voyage from New-York to Curocoa, and back again; but, upon the return voyage, she was captured by a British cruiser, and carried into Jamaica, where vessel and cargo were libelled and condemned, on the 31st of July 1804, for a breach of blockade. The captain, conceiving that the vessel would be sold under her value, requested Messrs. Campbell and O'Harra, of Kingston, to buy her in for the owners, which was accordingly done, at the price of 1020l., equal to about 3,500 dollars. For the price of the vessel, amount of repairs, outfits, ...

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1806

Lyle Vs. Baker

Court : US Supreme Court

LYLE v. BAKER - 4 U.S. 433 (1806) U.S. Supreme Court LYLE v. BAKER, 4 U.S. 433 (1806) 4 U.S. 433 (Dall.) Lyle v. Baker et al. Supreme Court of Pennsylvania. December Term, 1806 THIS action was instituted, in the Common Pleas of Philadelphia county, at September term 1806; and a habeas corpus was taken out by the defendants on the 1st of December following, to remove it into the Supreme Court. Tod, for the plaintiff, alleged that the habeas corpus had issued too late, and moved for a procedendo, on the 20th section of the act of the 24th of February 1806 (7 vol. 342.) which provides, 'that no action shall be removed from any of the Courts of Common Pleas, to the Supreme, or Circuit Courts, by consent, or otherwise, unless the same is removed, on, or before, the first day of the next term, after the said action shall have been commenced.' After argument in a full Court (but Judge YEATES being now absent, owing to indisposition) the Chief Justice, on the 17th of January 1807, d...

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1806

Ozeas Vs. Johnson

Court : US Supreme Court

OZEAS v. JOHNSON - 4 U.S. 434 (1806) U.S. Supreme Court OZEAS v. JOHNSON, 4 U.S. 434 (1806) 4 U.S. 434 (Dall.) Ozeas v. Johnson, Administrator of Foulke. Supreme Court of Pennsylvania. December Term, 1806 CASE for money had and received, &c.; The plaintiff, and Foulke, the intestate, had been jointly concerned in a mercantile adventure from Philadelphia to New-Orleans; but there was no evidence, at the trial, that they had ever settled their accounts; and this action was brought to recover a balance claimed by the plaintiff. The jury, accordingly, gave a verdict, in his favour, for 320 dollars, subject to the opinion of the Court, on a point reserved; to wit, whether the plaintiff, being a partner of Foulke's, and equally concerned in the adventure, could recover in the present form of action? On arguing the point reserved, S. Levy, for the plaintiff, urged that the action of account render was almost obsolete; that the action for money had and received, was in nature of...

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1806

Bender Vs. Fromberger

Court : US Supreme Court

BENDER v. FROMBERGER - 4 U.S. 436 (1806) U.S. Supreme Court BENDER v. FROMBERGER, 4 U.S. 436 (1806) 4 U.S. 436 (Dall.) Bender v. Fromberger. Supreme Court of Pennsylvania. December Term, 1806 COVENANT. On the trial of the cause in March T. 1806, it appeared, that the defendant and his wife had sold and conveyed a tract of land to the plaintiff for 2390 dollars, by deed dated the 8th of September 1797; and had therein covenanted, 'that the defendant was lawfully seised of a good, sure and indefeasible estate of inheritance, in fee simple, in the said land, and had good right, full power, and authority, in his own right, to grant and convey the same to the plaintiff in fee.' The deed, also, contained a special warranty against the grantor and his heirs, and all persons claiming under them. Bender took possession of the premises and made considerable improvements, as well in fences and buildings, as in the cultivation of the soil; so that the property was valued, in May 1802, at 500...

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1806

Bender Vs. Fromberger

Court : US Supreme Court

BENDER v. FROMBERGER - 4 U.S. 441 (1806) U.S. Supreme Court BENDER v. FROMBERGER, 4 U.S. 441 (1806) 4 U.S. 441 (Dall.) BENDER v. FROMBERGER Supreme Court of Pennsylvania. December Term, 1806 THE case now came before the court, on the point submitted by the verdict; and this turned upon the question, whether in an action of covenant, founded upon a deed, in which the grantor covenants, that he has a good title to the land conveyed, the grantee, being evicted, is entitled to recover the price of the premises Page 4 U.S. 441, 442 at the date of the deed, or the improved value, at the time of the eviction? For the plaintiff, it was contended, that the measure of damages, on all covenants, is the amount of the loss actually sustained, and though it would seem from the old books, that, in cases of warranty, the recovery is to be according to the value of the land, at the time of the warranty; it was a recovery, in those cases, of land only, and not (as in this case) of money for ...

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1806

Dutilh Vs. Gatliff

Court : US Supreme Court

DUTILH v. GATLIFF - 4 U.S. 446 (1806) U.S. Supreme Court DUTILH v. GATLIFF, 4 U.S. 446 (1806) 4 U.S. 446 (Dall.) Dutilh v. Gatliff. Supreme Court of Pennsylvania. December Term, 1806 THE following case was stated for the opinion of the Court: 'Case. On the 24th of September 1799, the defendant, Samuel Gatliff, underwrote seven hundred and fifty dollars upon a policy of insurance on the schooner Little Will, belonging to John Dutilh and Thomas Lillibridge, for whom the plaintiff was agent, on voyage at and from Philadelphia to Havanna. On the 26th of September 1799, the Little Will sailed on her voyage; from Philadelphia for Havanna, and on the 8th day of October following, she was captured by three British privateers, and carried into the port of Nassau, New-Providence, where she arrived on the 13th of the same month. Upon her arrival in Nassau, the said schooner was libelled in the Admiralty Court, and on the 9th day of November following, was regularly acquitted; and in t...

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1806

MOLiERE'S LESSEE Vs. NOE

Court : US Supreme Court

MOLIERE'S LESSEE v. NOE - 4 U.S. 450 (1806) U.S. Supreme Court MOLIERE'S LESSEE v. NOE, 4 U.S. 450 (1806) 4 U.S. 450 (Dall.) Moliere's Lessee v. Noe. Supreme Court of Pennsylvania. December Term, 1806 EJECTMENT for a house and lot in Union street, between Second and Third streets. The plaintiff's title was briefly this: George Fudge was seised of the premises in the year 1796; when Moliere, as the assignee of one Weston, instituted three suits Page 4 U.S. 450, 451 against him, upon several bonds, returnable to March term 1796, in which judgments were regularly obtained. Fudge died, and the judgments were revived against his administrators, by writs of scire facias, returnable to December term 1799; judgments were thereupon entered, on the 27th of December; writs of fi. fa. issued, returnable the 28th of December, and were returned, 'levied upon real estate, inquisition held, and property condemned.' On the 15th of January, a Vend. Exp. issued returnable to March term 1800, ...

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1806

Morgan Vs. Insurance Co of North America

Court : US Supreme Court

MORGAN v. INSURANCE CO OF NORTH AMERICA - 4 U.S. 455 (1806) U.S. Supreme Court MORGAN v. INSURANCE CO OF NORTH AMERICA, 4 U.S. 455 (1806) 4 U.S. 455 (Dall.) Morgan et al. v. The Insurance Company of North-America. Supreme Court of Pennsylvania. December Term, 1806 THIS was an action upon a policy of insurance, on the freight of the brig Amazon, valued at 3,500 dollars, upon a voyage from Philadelphia to Surinam. The policy contained a warranty of American property, and the usual clause against illicit trade. On the trial of the cause, before the chief justice, at Nisi Prius, in July 1806, it appeared that upon the 7th of August 1799, when Surinam was in possession of the Dutc , the vessel sailed on the voyage insured, and arrived at the river of Surinam, on the 17th of September following; that the brig was detained at the entrance of the river, by the commander of the British fort, who informed the captain, that the colony of Surinam had been in possession of the British fo...

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1806

Sansom Vs. Ball

Court : US Supreme Court

SANSOM v. BALL - 4 U.S. 459 (1806) U.S. Supreme Court SANSOM v. BALL, 4 U.S. 459 (1806) 4 U.S. 459 (Dall.) Sansom v. Ball. Supreme Court of Pennsylvania. December Term, 1806 CASE on a policy of insurance, upon the freight of the ship Richmond, for a voyage, at and from Philadelphia to Batavia, and thence back again. The premium was 20 per cent. 'to return five per cent. if the ship proceeds only to Batavia and back to Philadelphia, and no loss happens;' and the insurance was declared to be 'on freight advanced here, and which, by agreement, is valued at 13,500 dollars.' The policy, also, contained the usual clause, that there should be no average loss recovered, if less than 5 per cent. unless it was general. On the trial of the cause, it appeared, that the Richmond was owned by Messrs. Jesse and Robert Waln; that the plaintiff purchased from the owners, three-eighths of the tonnage of the ship, for the voyage, at the price of 10,837 dollars 50 cents, which was paid before t...

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