Lapas attēli
PDF
ePub

The sloop Mary.

security; and this principle is sanctioned by Mr. Justice Story in the case of the Jerusalem, who lays it dowu as an established rule, that a second bottomry bond, although posterior in time, has priority of claim.

The present case, however, does not require the adoption of so broad a principle. The adversary claim here is not founded upon a bottomry bond, but upon a bill of sale in the nature of a mortgage, and which would not create any valid lien as against a subsequent bona fide purchaser or incumbrancer, without notice. William H. Young was permitted to remain in possession, and to act as the absolute owner of the sloop; the register, and all her papers, standing in his name, and without any endorsement, showing any incumbrance upon the vessel : Daniel Young is therefore chargeable with negligence, in permitting William to appear as absolute owner, and thereby putting it in his power to impose upon a foreign creditor, who should advance money upon the security of the vessel. Upon the principles of the common law, as well as of equity, the claim of Daniel Young must be postponed to that of the libellant.

The decree of the District Court must accordingly be reversed, and a decree entered, that the proceeds of the vessel be paid over to the libellant towards satisfaction of his claim.

S. P. STAPLES and I. J. Hitchcock for the libellants.
N. SMITH and J. Backus for the claimants.

g 2 Gal. 350.

[blocks in formation]

Vide BOTTOMRY. JURISDICTION,

1. 10. 23, 24. Ships, 128,
12-20. TRESPASS.

AGENT.

Vide PRINCIPAL and Agent.

ACTION.

). Whether an individual who

has rights under a judgment of
the United States can have a
remedy for a violation of those
rights, by a suit in the name
of the United States, or must
resort to an action for conse.
quential damages in his own
name ? Quere. United States

v. Thomas Morris, 209
2. No action will lie in the name

of a principal, on a written
contract made by his agent in
his own name, although the

AGREEMENT.

Vide CONTRACTS.

ALIEN.

Vide EJECTMENT, 1. 13

AMENDMENTS AND SEO. 9. A judgment was entered in
FAILS.

the District Court of the Nor-

thern District of New York,
1. The Circuit Courts, on appeal sitting with Circuit Court pow-

from the District Courts, have ers, in January, 1824, the re-
power by the 32d section of

cord filed and execution issu-
the judiciary act, to allow any ed. In September of the same
amendments of defects in form year it was removed by error
occurring in the Court below, into the Circuit Court, and in
which could have been amend-

January following, the District
ed there, or to disregard them Court allowed the record to
in giving judgment. Smith v. be amended by inserting in the
Jackson,

486 declaration the averments of
2. But this power does not ex- citizenship, and of the value

tend to defects in substance. ib. of the property in dispute,
3. Such defects may however be which were essential to juris-

amended in the District Court, diction : Held, that the amend.
on terms. This power more ments were irregular, and tha:
extensive than any given to this Court would not receive

the English Courts. ib. them after the original record
4. But the amendments must be had been sent up.

ib.
made before final judgment.
And this is agreeable to the Vide Bills of Exchange, 1.

state practice in such cases. ib.
5. An omission of the averment

APPEARANCE.
of citizenship is a defect in
substance, not cured by ver- Vide REMOVAL OF Causes.
dict, and which cannot be
amended after judgment. ib.

ARMY,
6. So of the averment of the va.

lue of the property in dispute 1. The duties and powers of a
when necessary to give juris- military officer of the United
diction.

ib. States are regulated by law,
7. Amendments at common law and for the Court to deter-

were for trivial errors, and mine. United States v. Wil.
where there was something to

lard,

539
amend by. Anciently they 2. Monies were advanced to a
could be made only during the militia paymaster, under the
term wben the error occurred acts of Congress of 20th of
in the record ; afterwards they January and 3d of March,1813,
were allowed at any time pen- and charged to him in account
ding the suit; but never after under the words “pay of the
final judgment.

ib. army:" Held, that these
8. Confusion and contradiction words were evidence of the

in the English cases arising appropriation out of which
upon the various statutes of the advances were made, and
amendments and jeofails. ib. not that such advances were

[ocr errors]

to be disbursed to regular BANKRUPT LAWS.
troops, but not to the militia.

ib. Vide INSOLVENT Laws. JURIS-

DICTION,

11-14.
Vide STATUTES OF UNITED
STATES.

BILLS OF EXCHANGE.

MENT.

CHANGE.

ASSIGNEE.

1. Where the endorsee of a bill

of exchange, whether as agent
Vide CHANCERY, 8–12. Assign-

or owner, returns it after pro-
test to the last endorser, the

latter may sue upon it in his
ASSIGNMENT.

own name, and at the trial

strike out the last endorse-
Vide PRIORITY OF UNITED ment although it be in fall.

States, 1--16. Ships, 12 And prior blank endorsements
-17.

may be filled up at the trial so

as to correspond with the de-
ASSUMPSIT.

claration. And where both

these were omitted to be done,
Vide Action, 2. Bills of Ex-

the Court op error refused to
CONTRACTS.

PRI

reverse the judgment, consi-
ORITY OF UNITED STATES, 5

dering it an objection of form,
16.

and cured by the 32d section

of the judiciary act. Jacob
ATTACHMENT.

Barker v. United States, 156

2. Time of presentment for ac-
Vide Bonds, 1-4.

ceptance between New York
and Liverpool.

The mere
ATTORNEY.

lapse of three months before

presentment not evidence of
Whether an action can, in any delay, especially during war.
case, be brought for an indivi-

ib.
dual in the name of the United 3. Whether due notice of

pro-
States, by any attorney other test was given, there being no
than the District Attorney, he dispute about facts, is a ques-
refusing to bring it ? Quere. tion of law.

ib.
The United States v. Thomas 4. Whether 20 per cent. dama-
Morris.

209 ges can be recovered in an ac-

tion for the non-acceptance,
BAIL.

but not the non-payment of a
bill ? Quere.

ib.
Vide SHERIFFS.

5. But where the action was

commenced on the non-accep-
BANK OF UNITED STATES. tance of the bill, and after its

non-payment, but before no-
Vide SURETIES, 12, 13, 14. tice of non-payment had been

« iepriekšējāTurpināt »