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action admiralty admitted affreightment agent agreed alleged amount anchor watch appears applied Arctic Ocean assets assignee authority bank bankrupt act bankruptcy bill bill of lading Boston bottomry bound cargo charge charter charter-party cited collision common law consul contract court of equity crew damages debtor decided decision decree defendant demurrage discharge doctrine dollars doubt duty England equity evidence fact firm fraud fraudulent freight give held Helen Mar indorsed insolvent intended judgment jurisdiction law of Massachusetts learned judge liable libellant lien Lowell Mary Steele master ment mortgage notice obtained old firm opinion owners paid parties partner payment person petition petitioner plaintiff port proceedings proof proved question reason received refused require respondents rule salvage schooner seamen sect ship Stats statute steamer subrogation suit suppose supreme court surety tion trade United usage vessel voyage wages whale wharf
Page 368 - ... 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...
Page 165 - no person shall be arrested in one district for trial in another, in any civil action, * * * and no civil suit • shall be brought * * * against an inhabitant of the United States, by any original process in any other district than that whereof he is an inhabitant, or in which he shall be found at the time of serving the writ.
Page 367 - If, on such hearing, he deems the evidence sufficient to sustain the charge under the provisions of the proper treaty or convention, he shall certify the same, together with a copy of all the testimony taken before him, to the Secretary of State, that a warrant may issue upon the requisition of the proper authorities of such foreign government, for the surrender of such person, according to the stipulations of the treaty or convention; and he shall issue his warrant for the commitment of the person...
Page 257 - Sales, 1st ed. 424, 2d ed. § 568, that " a mere assertion that the party will be unable, or will refuse to perform his contract, is not sufficient ; it must be a distinct and unequivocal absolute refusal to perform the promise, and must be treated and acted upon as such by the party to whom the promise was made ; for, if he afterwards continue to urge or demand a compliance with the contract, it is plain that he does not understand it to be at an end.
Page 493 - if a tenant remain in possession after the expiration of his term, and perform all the conditions of the lease, it amounts to a renewal of the lease from year to year, and I take it he would be entitled to remove fixtures during the year.
Page 256 - But in that case he keeps the contract alive for the benefit of the other party as well as his own; he remains subject to all his own obligations and liabilities under it, and enables the other party, not only to complete the contract, if so advised, notwithstanding his previous repudiation of it. but also to take advantage of any supervening circumstance which would justify him in declining to complete it.
Page 113 - no friend to the almost indiscriminate habit of late years, of setting up particular usages or customs in almost all kinds of business and trade, to control, vary, or annul the general liabilities of parties under the common law, as well as under the commercial law.
Page 267 - Nor shall any person be prosecuted, tried or punished for any misdemeanor or other indictable offense.
Page 522 - ... mode of their performance, to the law of the place of their performance. But the lex fori determines when and how such laws, when foreign, are to be adopted, and, in all cases not specified above, supplies the applicatory law.
Page 459 - It is plain that such a doctrine virtually prevents a trader from mortgaging his stock at any time for any useful purpose ; for if he cannot sell in the ordinary course of trade, or only as the trustee and agent of the mortgagee, he might as well give possession to the mortgagee at once and go out of business. In this case he never could have begun business, for the whole stock was supplied by the defendant. I would refer in this connection to the very able opinions of Judge Dillon in Hughes v. Cory,...