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1FED.CAS.—76
1FED.CAS.—77
| Page | |
| ACABATEMENT AND REVIVAL. | |
| Defendant not, of course, entitled to continuance on death of plaintiff | 374 |
| ACTION OR SUIT. | |
| A wrongful act causing loss, being single, but one action can be maintained therefor | 207 |
| Plaintiff proceeding both at law and in equity, must elect | 530 |
| A libel in rem may be joined with a libel in personam for breach of a charter party | 326 |
| ACTION ON THE CASE. | |
| Will lie for false warranty, and averment of scienter is not necessary | 512 |
| ADMIRALTY. | |
| Jurisdiction—In general. | |
| The test of jurisdiction is whether the transaction is maritime in character | 665 |
| Jurisdiction once attached is not divested by further acts on land in continuation of maritime act | 665 |
| —Persons and property. | |
| The district court may take cognizance of a suit by foreign seamen against a foreign vessel | 1146 |
| —Waters and places. | |
| What constitutes “high seas” | 26 |
| Goods seized on land are not subject to condemnation and forfeiture in admiralty | 1113 |
| No jurisdiction in case of breach of towage contract on Hudson river between residents of New York | 10 |
| No jurisdiction of action on contract of carriage by canal boat between New York and Rome in New York state | 945 |
| —Affreightments; Charter parties, etc. | |
| No jurisdiction to afford relief for breach of stipulations of personal nature in charter party,—such as agreement by owner to proceed to another than designated port to find market | 306 |
| Has jurisdiction of action based on contract of affreightment, though damages may be indirect | 593 |
| A canal boat having no power of self-propulsion is not subject to a lien in admiralty for breach of a contract of affreightment | 946 |
| Vessel is liable in admiralty for value of goods shipped wrongfully detained under alleged lien for freight | 855 |
| —Marine insurance. | |
| No jurisdiction over contracts leading to policies of marine insurance | 885 |
| Cannot reform a policy of marine insurance by an antecedent contract | 885 |
| Jurisdiction—Pilotage. | |
| Has jurisdiction in personam as well as in rem for pilotage | 955 |
| Has jurisdiction notwithstanding pilotage services were rendered under a state law | 285 |
| Has jurisdiction to enforce lien given by state statute to a pilot whose services were tendered and refused 617; contra. | 1090 |
| Such a case comes within the 14th admiralty rule, and is not governed by rule 12 | 617 |
| —Shipbuilding. | |
| Contract for materials and labor in the construction of a vessel is not maritime, and lien given by local law is not enforceable in admiralty | 424 |
| —Torts. | |
| Proceedings in admiralty may be prosecuted for marine torts in rem and in personam | 1194 |
| A state statute (Cal.) giving an action for negligence resulting in death cannot apply to negligence on the high seas | 1138 |
| —Towage. | |
| Towage services are maritime | 43 |
| —Wharfage. | |
| Has jurisdiction in rem of a claim for double wharfage under N. Y. Act May 6, 1870, for leaving wharf without paying wharfage due | 987 |
| Procedure. | |
| Admiralty will not enforce the equitable title of one to whom a yacht was sold in the presence of the builder by one for whom she was built, against the legal title which never passed from the builder by deed or absolute delivery | 594 |
| ADVERSE POSSESSION. | |
| Possession must be hostile both in its origin and continuance to be adverse | 97 |
| AFFREIGHTMENT. | |
| See, also, “Admiralty;” “Charter Parties;” “Shipping.” | |
| No freight is due unless cargo is delivered in accordance with terms of shipment at destination | 951, 1194 |
| All claims for freight fall where a voyage is broken up at a port of distress, without consent of shipper, because of great injury to the cargo by perils of the sea | 951, 954 |
| Master not authorized to accept cargo on behalf of owner short of port of delivery | 951 |
| Claiming proceeds of sale at intermediate port is not a ratification of master's act | 951 |
| Master cannot carry cargo to another port where consignees refuse to receive it, but is bound to land and store it | 1194 |
| Where master sells it at another port, owners may recover value at port of delivery | 11941202 |
| Giving to shipper credit for freight beyond time for delivery waives lien | 937 |
| Lien for freight is lost by delivering goods to consignee | 937 |
| Owners of vessel are directly liable for damages to cargo where they share freight with master to whom vessel is chartered, and with whom shippers contract | 1194 |
| ALIENS. | |
| Immigration. | |
| Exclusion of foreigners when convicts, lepers, etc., within police power of states | 213 |
| Naturalization. | |
| A native of China, of the Mongolian race, is not a white person entitled to naturalization. (R. S. § 2169) | 223 |
| To entitle an alien to naturalization, he must have a territorial residence. Continuous services on board a United States naval vessel is not sufficient. (Act 1802.) | 1016 |
| Constant service as a sailor after domicile acquired will not affect right to naturalization | 417 |
| Registry must have been made five years before application. (Act 1802.) | 1023 |
| Proof of residence under Act 1802 | 1023 |
| Order of court admitting to citizenship conclusive in absence of fraud | 52 |
| AMENDMENT. | |
| Not permitted at trial unless defense is just | 504 |
| Allowed on appeal in revenue cases or proceedings in rem in district court | 996 |
| Not allowed on appeal so as to allege damages in an amount to give jurisdiction, though testimony shows the amount | 211 |
| The failure to allege a ground of negligence is amendable where there is no surprise | 265 |
| Libel in admiralty may be amended by striking out impertinent and unnecessary allegations | 665 |
| APPEAL. | |
| Record must show jurisdiction | 842 |
| A supreme court justice sitting in the circuit will not review a ruling by a district judge holding a circuit | 1075 |
| Libelant who does not appeal cannot have damages increased on claimant's appeal | 250, 474 |
| New trial not granted because of admission of incompetent testimony where same fact is proved by competent testimony | 450 |
| Judgment will not be reversed because papers recognized on the trial as in evidence were not formally read | 894 |
| Question of damages in admiralty may be raised upon a remand after affirmance of a decree silent upon such question | 664 |
| Appeal bonds. | |
| Practice of requiring bond in double amount of decree and costs will not be departed from except under special circumstances rendering it unnecessary | 701 |
| Operates as a supersedeas and stay of execution without order to that effect | 1179 |
| Court in which action was brought has jurisdiction of a suit on appeal bond therein | 1179 |
| Action on, may be brought jointly by obligee claiming interest in the suit | 1179 |
| ARMY. | |
| The question of the right of exemption from service may be considered on habeas corpus notwithstanding adverse decision of military commission | 1062 |
| Minor enlisting without consent of parent will be discharged on request of parent | 867 |
| ARREST. | |
| An arrest in New Hampshire for contempt of a register's order in Vermont is illegal, and an imprisonment in pursuance there of in Vermont is also illegal | 436 |
| A certified copy of indictment from another judicial district will warrant transfer of person arrested on complaint | 353 |
| ASSIGNMENT. | |
| One taking an assignment of a demand after fraud committed on the assignor is entitled to all rights of the latter | 238 |
| Assignment for Benefit of Creditors. | |
| See “Bankruptey;” “Debtor, and Creditor;” “Insolvency;” “Partnership.” | |
| ASSUMPSIT. | |
| There may be a recovery under the common counts where plaintiff fails to prove the special contract alleged | 759 |
| ATTACHMENT. | |
| Lies against absconding debtor under the Virginia law | 472 |
| ATTORNEY AND CLIENT. | |
| Proctor for libellant may proceed for costs, after settlement by parties without his knowledge after suit commenced | 913 |
| AVERAGE. | |
| Adjustment of general average where voyage broken up at intermediate port because of great injury to cargo by perils of sea | 951 |
| Commissions of consignees in collecting value of goods before delivering them should be contributed for | 939 |
| Expenses of causing a general average to be adjusted by an experienced despacheure should be contributed for | 939 |
| Repairs of a permanent character not contributed for where vessel seeks port of distress because of incapacity | 939 |
| Loss from sale of cargo to raise funds, in what proportion contributed for | 939 |
| Expense of preparing for repairs follows the expense of repairs | 939 |
| Value of vessel at port of delivery not proper measure of her contributory value. In absence of evidence, amount of insurance may be taken | 939 |
| BAILMENT. | |
| The bailor of wool and yarn to be manufactured into cloth at a specified price, has a right to the unfinished product on the bankruptcy of the bailee, on an offer to the assignee, to pay the charges, without actual tender | 37 |
| The bailor can recover the proceeds of a sale by the assignee, less the expenses of manufacture | 37 |
| BANKRUPTCY. | |
| Operation and effect of bankrupt laws—State laws. | |
| What is the uniform operation of the bankrupt laws | 10751203 |
| Distinction between insolvent and bankrupt laws | 141 |
| A general assignment without preferences is valid, notwithstanding petition pending in voluntary bankruptcy | 1018 |
| States may pass bankrupt laws in absence of action by congress | 141 |
| Act N. Y. April 3, 1811, is an insolvent and not a bankrupt law | 141 |
| Jurisdiction of courts. | |
| Scope of jurisdiction of circuit court, original and appellate, in bankruptcy and its exercise | 348 |
| Proceedings in bankruptcy will not lie against railroad in hands of receivers appointed by state courts | 328 |
| A general creditors' bill in a state court filed after proceedings in bankruptcy commenced gives no jurisdiction, nor can jurisdiction be conferred by consent of the assignee | 831 |
| A voluntary bankrupt cannot be arrested on an execution for debt before final examination is passed | 1007 |
| Bankrupt arrested on state process in action on debt contracted in fraud, not entitled to release on habeas corpus in federal court | 557 |
| A creditor who has not received notice of the proceedings, nor any dividend, nor proved his debt, cannot sue on his debt pending the discharge. His remedy is to oppose the discharge | 1084 |
| An agreement signed by a married woman to save part of her rights taken away under coercion of judicial proceedings, set aside in a court of bankruptcy | 831 |
| A voluntary proceeding may be prosecuted in the district where the debtor has carried on business for the requisite time, irrespective of residence | 271 |
| Involuntary proceedings cannot be prosecuted against an Alabama railroad corporation in a district court in New York where it has its general offices, but no railroad | 271 |
| The business of a railroad corporation within the meaning of the law can only be carried on where its railroad is, or is to be, constructed, maintained, and operated. The fact that its officers and directors meet and act within a certain district does not give jurisdiction | 271 |
| Service of process on a debtor corporation must be within the jurisdiction of the court. This notwithstanding the debtor is incorporated in several states | 275 |
| Petition—Voluntary bankruptcy. | |
| Petition will not be allowed to be filed where writing is illegible | 1024 |
| Filing of petition erroneously naming judge not permitted | 1014 |
| —Involuntary bankruptcy. | |
| A creditor holding security which falls short of debt by $250 may petition | 351 |
| Creditor holding immature note of bankrupt may petition | 351 |
| A railroad corporation is a “business” corporation against which a petition will lie | 90, 275 |
| Charter authorizing railroad company to manufacture materials for equipment does not constitute the company a “manufacturer.” | 275 |
| Sufficiency of allegations in petition against railroad company | 275 |
| Commercial paper charged to have been suspended should be described or identified | 995 |
| Insolvency alone of mercantile partners is no ground of petition | 292 |
| The verification and presentation of the petition need not be simultaneous | 40 |
| Date of filing petition, presumptions, record | 281 |
| It is no defense that petitioner is sole creditor | 351 |
| Creditor having adverse interest may defend | 995 |
| Practice when debtor denies that requisite creditors have joined | 995 |
| Acts of bankruptcy. | |
| Gift of all property to wife | 351 |
| Secretion of goods by purchaser to prevent attachment | 1017 |
| Mortgage to one creditor, as a preference in contemplation of bankruptcy | 1181 |
| “In contemplation of bankruptcy” defined | 1181 |
| Transfer so construed | 1181 |
| The fact that a transfer was compelled by the debtor does not prevent its being a fraudulent preference, and an act of bankruptcy | 1181 |
| Change of security,—held not to constitute act of bankruptcy | 292 |
| Schedule. | |
| Petitioner only required to use appropriate forms for schedule of property and debts | 1012 |
| Judgment due firm should be scheduled in firm's name | 1012 |
| Debts owing to newspapers should be scheduled in names of proprietors | 1015 |
| A person who has not regularly appeared or proved debt cannot file protest against being named as creditor | 584 |
| Adjudication. | |
| The decree in bankruptcy retroacts to the time of verification of the petition | 40 |
| An adjudication will not be made in opposition to debtor in voluntary proceedings, after he has begun proceedings for composition | 557 |
| Notice to creditors. | |
| Notice to all creditors is not necessary to give the court full and complete jurisdiction as to all debts of the bankrupt | 1084 |
| Notice of meeting to creditor by wrong name is ineffectual | 1012 |
| A notice to “Levley, New York” is insufficient | 1084 |
| Direction in warrant as to mode of service | 1013 |
| Sufficiency of return of marshal | 82 |
| Assignee—Appointment and removal. | |
| Assignee will be appointed though no creditors have proved debts and no assets are found | 1012 |
| Single creditor proving debt and attending first meeting entitled to name assignee | 1013 |
| Election of assignee at his suggestion by one creditor who alone appeared at first meeting of creditors, not sanctioned | 2 |
| Removal of assignee, when not reviewable in circuit court | 176 |
| —Rights, duties, and liabilities. | |
| As against attaching creditors assignee has no right to attached moneys, released on giving bond and deposited to indemnify bondsmen | 315 |
| The assignee is the agent for the creditors, and the fund in his hands is considered as appropriated to their use | 238 |
| Assignee selling property held by bankrupt under conditional sale must account for proceeds | 521 |
| The limitation of two years for an action against assignee does not apply to a case of fraud by the bankrupt upon his wife, except from the time of its discovery | 831 |
| Assignment. | |
| Clerk must record original deed of assignment | 3541204 |
| Estate of bankrupt; Encumbrances; Sale. | |
| Property of which the assignee does not take possession remains in the bankrupt | 778 |
| Land of wife standing in husband's name will not be subjected to liens of creditors | 831 |
| Register has no power on motion of assignee and creditors to order bankrupt to execute release deeds | 3 |
| The discretion of the bankruptcy court to exercise jurisdiction to liquidate liens on bankrupt's realty cannot be delegated to or assumed by the register | 167 |
| Real estate should not be sold until all liens and their priorities are ascertained | 167 |
| Court may order sale of realty free from encumbrances (Act March 2, 1867), but such sale not directed where no notice was given to encumbrancers | 1011 |
| Purchaser at assignee's sale of real estate in another state, not entitled to confirmation of sale to perfect his title | 327 |
| Exception to confirmation of sale of realty by assignee, free of encumbrances, will be sustained where court has declared sale subject to dower right | 914 |
| Estate of bankrupt not liable for tort of assignee | 136 |
| Proof and payment of debts: Dividends. | |
| Proof of debts to be sent to assignee | 1014 |
| Officers of corporation to make proof of debts due must receive special appointment | 292 |
| Landlord of bankrupt, held entitled to rent from assignee | 1075 |
| A debt guaranteed may be proved as unsecured, without surrendering the guaranty | 829 |
| A fire policy is a “contingent liability” of the insurance company entitling insured to share in dividends where loss occurs before order for final dividends | 716 |
| Inaccuracy of record in regard to claim and limitation as a defense no ground of expunging proof | 327 |
| Debt due to foreign state for taxes not entitled to preference | 588 |
| Expenses of attachment begun before bankruptcy proceedings should not be allowed against the estate | 1084 |
| Examination of bankrupt. | |
| Application for, must be on affidavit or verified petition | 78 |
| Examination by one creditor, does not bar examination by others | 81 |
| Costs: Fees: Deposit. | |
| Affidavit that debtor is unable to pay costs is not “proof to the satisfaction of court” to relieve from payment | 837 |
| Fees of register | 354 |
| Fee allowed counsel for preparation of schedule | 867 |
| A petitioner will not be reimbursed for advances as security for fees | 1012 |
| Balance of the deposit remaining in register's hands goes to assignee | 1012 |
| Discharge—Proceedings to obtain. | |
| Steps preliminary to the granting of a certificate of discharge | 784 |
| Notice need say nothing about second or third meeting of creditors, where bankrupt does not make application within three months | 1014 |
| Notice must be by publication where there are no assets, and no debts proved | 1012 |
| Act June 22, 1874, § 12, requiring the joining of creditors in the petition, is inapplicable where judgment has been given and a warrant served and executed before passage of act | 912 |
| Discharge—Acts of bankrupt barring discharge. | |
| Where creditors do not oppose discharge, the court will not of its own motion refuse it, notwithstanding commission of acts barring it | 1054 |
| Failure to keep proper books of account will prevent discharge without reference to intent or harmless result | 1086 |
| Failure to keep an account of cash business and of dealings with creditors for more than a year prior to bankruptcy will prevent discharge | 1086 |
| Books showing only aggregate monthly purchases and sales not “proper books of account” | 923 |
| Where notwithstanding errors and erasures in books of account a competent accountant could gain a correct idea of the business, discharge not refused | 1054 |
| A purchase with intent not to pay is a “debt by fraud.” | 557 |
| A bankrupt, claiming want of knowledge of his insolvency at time of conveying property to his wife, four months prior to voluntary proceedings, who does not repair his error, is not entitled to discharge | 82 |
| Fraudulent transfers before the passage of the act (Aug. 19, 1841) when no bar to a discharge | 786 |
| The transfer, prior to and in contemplation of the passage of the bankruptcy act of 1841, to some creditors of money and other assets in full discharge of their debts, while others get nothing, is a preference, though obtained by threats of suit | 786, 788 |
| Preferences given by confession of judgments prior to passage of the Act of 1841 will prevent discharge not assented to by majority of unpreferred creditors | 1015 |
| Bankrupt will be given time to get such assent | 1015 |
| A retiring partner of an insolvent firm, receiving payment for his interest, is not a creditor (Act 1841, § 2) | 788 |
| —Scope and effect. | |
| Bankrupt, filing individual petition, is entitled to discharge as to partnership debts scheduled, without bringing in other partners, where there are no partnership assets | 3 |
| Prohibited and fraudulent transfers. | |
| Construction of section 35 of Bankrupt Act of 1867 | 894 |
| Payment by insolvent maker to endorser on promissory note, with knowledge of insolvency, is a fraudulent preference, and may be recovered by assignee | 220 |
| An insolvent trader may mortgage his stock and tools for present and future advances to continue his business, and also past advances already, though inadequately, secured | 746 |
| A prior parol agreement to give security does not prevent its being a preference | 746, 1181 |
| Advances made in good faith pending preparation of mortgage to secure them will be protected | 746 |
| A voluntary settlement in favor of an illegitimate child by solvent father is good as against subsequent creditors | 1027 |
| Conveyance to wife by one in embarrassed circumstances, in consideration of loan barred by statute, is fraudulent | 1054 |
| Settlement upon wife by one in embarrassed circumstances is fraudulent, where existing debts were all paid by other obligations resulting in bankruptcy | 1062 |
| A bona fide general assignment made a year before a petition in bankruptcy is valid | 1127 |
| A judgment note given when all parties considered the debtor solvent, and a judgment taken in good faith the day before filing petition, held not fraudulent | 11441205 |
| A seller who, suspecting insolvency, induces buyer to give up goods in greater part purchased from others, in full satisfaction, is liable for their amount to the assignee | 1017 |
| Payment of matured notes by transfer of flour in transit, held not fraudulent | 1162 |
| Overdrafts by a merchant in collusion with a defaulting teller, for which a deed of preference is given to the bank one month prior to a default decree in bankruptcy, held sufficient to constitute reasonable cause of belief of insolvency rendering deed void | 331 |
| Repeated failures to fulfill promises to pay with knowledge of other debts, charges creditor taking mortgage with notice of insolvency | 1134 |
| —Suit by assignee. | |
| Assignee in bankruptcy may impeach transfer by bankrupt as fraudulent | 504 |
| Alleged fraudulent transferee may be enjoined from disposing of same, pending involuntary proceedings | 14 |
| A suit brought 7 years after the assignee's appointment is barred by the statute of limitations (Act March 2, 1867, § 2) for want of due diligence in discovering the fraud | 878 |
| Under an allegation that defendant did “transfer, assign and convey” plaintiff not limited to proof of technical assignment under state laws | 894 |
| Creditors obtaining judgment and issuing execution with knowledge of insolvency of debtor, are liable for amount of sale where assignee purchased | 850 |
| Review. | |
| A person not a party to the proceeding below cannot file petition for review | 281 |
| Proceedings not passed upon in the district court cannot be availed of as error on review | 281 |
| Statement of counsel that they are authorized by a corporation to file petition for review of proceedings is conclusive as to authority | 275 |
| Service of petition for review on attorney for creditor filing petition below is sufficient | 275 |
| Arrangement with creditors. | |
| Creditors desiring confirmation of resolution appointing trustees are the moving parties and should serve their papers on opposing parties | 722 |
| A person acting under a power of attorney to accept composition to pay in twelve months from Feb. 16 cannot make composition to pay in twelve months from March 16 | 347 |
| A composition agreed upon by the requisite majority will be confirmed where of benefit to all, though the debtor acted solely in his own interest | 439 |
| Repealing acts. | |
| Act of March 3, 1843, repealing the Bankruptcy Law, saved all cases commenced before its passage | 924 |
| BILLS, NOTES, AND CHECKS. | |
| Bona fide payment by maker to fraudulent holder discharges the debt | 366 |
| Agent liable for failure to make demand and give notice | 483 |
| Demand and notice excused where drawer has no funds and no reason to expect payment | 483 |
| Endorsee not required to prove consideration of negotiable paper until it is shown to have been put in circulation by fraud or undue means | 156 |
| BILLS OF LADING. | |
| When quantity of cargo uncertain master is bound to tender bills of lading stating quantity only as more or less | 552 |
| Injury to bags caused by bleaching powders mixed with water, and spilled from casks stowed without dunnage by the rotting of the wood by water coming in from the deck and water ways, not within exception of dangers of the sea | 1057 |
| Shipper bound to pay freight only on actual weight where freight is to be paid at a certain rate per pound, and printed bill of lading has written condition “contents and weight unknown” | 855 |
| BONDS. | |
| See, also, “Municipal Corporations;” “Principal and Surety.” Bonds on appeal, see “Appeal.” | |
| Bond given under statute void so far as it exceeds requirements thereof | 1160 |
| A law requiring county bonds to be certified and registered cannot be evaded by antedating bonds voted before but not issued until after its passage | 1050 |
| Holders of negotiable railroad aid bonds as collateral security for debts are bona fide holders for value | 465 |
| Error in judgment or want of skill not breach of a bond to faithfully execute duties of office | 393 |
| A suit on an administration bond payable to the governor by name, must be in his name, and not by his style of office | 1121 |
| Petition in suit upon marshal's bond should ask actual damages | 177 |
| In sci. fa. against bail, interest not allowed on judgment rendered against principal | 993 |
| BOTTOMRY—RESPONDENTIA. | |
| See, also, “Shipping.” | |
| A bond given for a larger sum than advanced to deceive the underwriter on the vessel is void for all purposes | 947 |
| When a bottomry contract is void for fraud, no recovery can be had as upon an implied contract and lien | 947 |
| A bottomry bond binds both the ship and her earnings | 820 |
| Advances by the charterer on account of freight will be paid out of freight in preference to subsequent bottomry | 820 |
| CHARTER-PARTIES. | |
| See, also, “Affreightment;” “Shipping.” | |
| A charter party made by agents who were part owners to enable an individual creditor to repay himself out of earnings, is void as against the vessel and other owners | 593 |
| Charter party, held a contract of affreightment and not a letting of entire ship | 30 |
| Burden is on carrier to prove quantity carried under charter fixing freight at stipulated price per ton | 552 |
| Fire accidentally originating on board a vessel is not a “danger of the sea” within exception of charter party excusing restoration to owners | 250 |
| Owners may recover full value, notwithstanding such vessel was stranded at the time, if her value was not materially diminished thereby | 250 |
| Charter money preceding destruction may be allowed as damages | 250 |
| CHATTEL MORTGAGES. | |
| Contract to buy machinery and let another have it to manufacture cloth from, to be paid by sales of such cloth, construed as equitable mortgage. | 5401206 |
| A contract in effect an equitable mortgage need not be recorded as between the parties and third persons with notice. | 540 |
| A mortgagee of an unfinished article will hold the additions by accretion | 746 |
| CHINESE. | |
| See, also, “Aliens.” | |
| A state statute imposing conditions on Chinese immigrants not imposed on other immigrants is in violation of Act May, 1870. | 213 |
| CLERK OF COURT | |
| Calendar fee | 406 |
| Fees for making up record in admiralty | 406 |
| Fees for filing and recording paper | 817 |
| A paper is not “filed” until endorsed by the clerk | 817 |
| Fees in bankruptcy proceedings | 354 |
| Reasonable compensation when no provision made by law, determined by allowance in similar cases | 1025 |
| Fees for seizure on water for breach of revenue laws determine amount for seizure on land | 1025 |
| COLLEGES | |
| Construction of the charter of Bowdoin College and its amendments and modifications | 489 |
| The power to make alterations and modifications in the charter of Bowdoin College and the manner of its exercise | 489 |
| A college (Bowdoin) privately founded though chartered by the state is not a public corporation | 489 |
| The visitorial power of college trustees, its scope and exercise | 489 |
| COLLISION | |
| Nature of the liability—Contributive fault. | |
| Vessels have a right to assume in the absence of knowledge to the contrary that other vessels are complying with statutory regulations | 1110. 1112 |
| Inevitable accident will not be presumed, but must be clearly proved by party setting it up | 791 |
| Where collision between a steamer and sloop is caused by the act of the master of the sloop in jumping overboard on seeing the peril, he cannot recover | 1185 |
| Tug's negligence in not carrying proper lights cannot be imputed to tow in libel against colliding steamer | 265 |
| Absence of all hands from posts of duty save the pilot, though inexcusable, yet if it did not contribute to collision does not render vessel liable | 602 |
| Rules of navigation. | |
| Supervising inspectors have power to make rules not inconsistent with general rules of navigation | 645 |
| Sail vessels meeting. | |
| General rules for sail vessels meeting | 487 |
| Vessel going free should pass astern of vessel close hauled | 209 |
| Vessel close hauled on the wind has right of way over vessel sailing free, and must hold her course | 1107 |
| Vessel sailing free must not come so near vessel close hauled as to create apprehension of danger of collision | 1107 |
| When a vessel is tacking and out of command, other vessels must avoid her | 209 |
| Steam vessel meeting sail vessel. | |
| Steamer approaching ship at night, when in doubt should slacken speed, and, if necessary, reverse | 190, 194 |
| Steam vessels meeting. | |
| Article 13 of Act 1864 requiring steamers to port, only applies when they are meeting end on with risk of collision | 598 |
| Vessels moored, etc. | |
| Vessel properly moored at wharf not bound to keep watch on board | 791 |
| Dredging machines have rights of vessels at anchor | 643 |
| Vessel colliding with another at anchor has burden of proving accident inevitable | 643, 791 |
| River and harbor navigation. | |
| Customs of navigation of North river are the same as the nautical usages at sea | 1107 |
| Ferryboats not absolved from general rules of navigation in making slips | 1130 |
| Tug chargeable with notice when steamer is to leave her berth on regularly appointed and notorious trip | 957 |
| Steamship making a maneuver in a slip is liable for damages to her tug caused by the parting of a spring line used to check her sternway | 915 |
| Speed: Fogs. | |
| It is negligence for a steamer to enter Milwaukee harbor at a speed of eight miles an hour | 425, 427 |
| Ferryboats crossing harbors at night or in for should proceed with great caution | 791 |
| Lights; signals, etc. | |
| Vessel assenting by signal to faulty maneuver, equally liable | 299 |
| Steamers must keep courses agreed upon by signal | 425, 427 |
| Steamboat has no absolute right to direct another's course by her whistle | 598 |
| Ignorance of language by persons in charge of vessel at anchor in track of navigation will not excuse failure to observe directions by approaching vessels | 434 |
| A vessel sailing at night without lights or a lookout forward, prima facie at fault | 645 |
| Lookouts. | |
| Absence of competent lookout is a circumstance strongly condemnatory | 824 |
| Lookout forward necessary for vessel sailing in harbor in daytime | 209 |
| Vigilant lookout required on ferry boats crossing East River | 602 |
| Passengers cannot be regarded as lookouts unless specially designated by master as such | 791 |
| Particular instances of collision. | |
| Between sail vessels in thick weather | 526 |
| Between sail vessels, of different speed, due to hazardous movement of one | 285 |
| Between sail vessels meeting in Long Island sound on different tacks | 980 |
| Between steamer and brig not carrying adequate lights | 1110, 1112 |
| Between steamer and ship in Irish Channel at night where steamer's conduct was erratic, because of change of course by ship | 190, 194 |
| Between steam and sail vessel in fog | 339, 824, 936 |
| Between steamer bound to sea and drifting bark | 390 |
| Between steamer and schooner at sea at night where schooner changed her course | 400 |
| Between steamer and schooner, caused by schooner's change of course to avoid another schooner | 789 |
| Between steamers, both of which failed to port in time | 299 |
| Between ferryboat and propeller | 11301207 |
| Between steamboat and ferry boat in East River | 598, 602 |
| Between steamer and tow in Milwaukee harbor | 425, 427 |
| Between bark in tow of tug without the required lights for a tow and steamer at night, without lookout | 265, 270 |
| Between tows of steamboats meeting on Hudson river | 597 |
| Between brig anchored in track of navigation and vessel in tow | 434 |
| Between dredge anchored at mouth of river and tug and bark | 292 |
| With vessel at anchor where colliding vessel not clearly proven | 930 |
| Between steamer with a row and sloop at anchor, near shore, caused by steamer's taking inshore course, too great speed, and want of lookout | 45 |
| Procedure. | |
| Hearing will be given without proof where pleadings admit liability | 643 |
| Rule of damages. | |
| It is no defense that the damage would have been less had the vessel been strongly built | 791 |
| The vessel is to be paid for at her value when lost | 487 |
| Pending “freight” recoverable includes earnings in transporting goods for owners of vessel | 487 |
| Failure to discover a leak will not charge owners with damage to cargo, where examinations made immediately after collision revealed no injury | 791 |
| Costs of raising sunken vessel to ascertain if she could be repaired may be added to the value, where there is a total loss | 604 |
| Cost of cargo at place of shipment with expenses and charges, insurance and interest allowed | 342, 487 |
| Interest on items of damages are allowable | 604 |
| Interest allowed on recovery for demurrage, and also reasonable sum for care of cargo | 389 |
| Division of damages. | |
| Loss divided where both in fault | 487 |
| Where steamer and tug held liable for injury to tow, steamer bound for only half damages though value of tug will not make up the other half | 270 |
| Review. | |
| On affirmance of decree in collision, interest allowed on damages assessed and not on decree which also includes interest | 390 |
| COMMERCE. | |
| Determination of amount of tonnage tax discretionary with congress | 212 |
| Tonnage tax on foreign vessels exporting goods is constitutional | 212 |
| CONFUSION OF GOODS. | |
| By mutual consent of owners, makes them tenants in common sharing in proportion contributed | 136 |
| CONSTITUTIONAL LAW. | |
| Presumption in favor of constitutionality of state laws | 141 |
| Retrospective laws divesting vested rights are not expost facto laws, nor repugnant to constitution | 296 |
| Retrospective state law allowing ejected occupants of land to recover for improvements not unconstitutional | 296 |
| Insolvent laws, though retroactive, are not unconstitutional as impairing the obligation of contracts | 141 |
| The fourteenth amendment implies equal exemption with others of same class from all charges and burdens of every kind | 213 |
| Rights and powers given to Bowdoin College trustees by its charter can only be divested in the manner pointed out therein | 489 |
| Illinois Act 1838-9 “to quiet possession and confirm titles to land” unconstitutional as a legislative adjudication | 1187 |
| N. Y. Act May 6, 1870, fixing rates of wharfage and providing penalties in double wharfage for nonpayment is not unconstitutional | 987 |
| CONTEMPT. | |
| Refusal by bankrupt to obey register's order to produce his books and papers is a contempt | 436 |
| CONTRACTS. | |
| General rules of construction | 72 |
| Mutual understanding governs construction | 72 |
| The rule lex loci contractus discussed | 141 |
| Oral contract for sale of merchandise in New York, valid in Rhode Island where made, is enforceable in New York though void under its statute of frauds | 512 |
| A promise of indemnity against a private wrong or public crime (libel) is void in law. | 1177 |
| CONVERSION: TROVER. | |
| A purchaser at sheriff's sale on credit, the property being retained as security, has sufficient title to maintain an action for its conversion | 22 |
| Tender of storage charges for goods held adversely not necessary | 508 |
| Expression of intention to retain goods demanded, evidence of conversion | 508 |
| CORPORATIONS. | |
| Kansas state legislature may amend by special act charter of corporation created by territorial legislature and continued by constitution | 106 |
| A decision declaring an election of officers illegal and void, is ineffectual until decree entered, and until then their acts are binding though they had notice of the decision. | 919 |
| The overdraft of a bank account by officers of a corporation is ratified by the directors ordering the issuing of the company's note for the amount | 919 |
| Notice to stockholder, or one afterwards becoming an officer, is not notice to corporation | 178 |
| Knowledge of a lien on corporate property by stockholders, prior owners, will not affect the corporation where other stockholders are ignorant | 178 |
| COSTS. | |
| Not allowed on dismissal for want of jurisdiction | 10 |
| Not allowed on reversal in circuit court for want of jurisdiction | 211 |
| Libellant cannot recover costs where amount of liability is tendered before suit. | 285 |
| Seamen not compelled to give security for costs on suing for wages, because amount is small | 1089 |
| Costs of former trial imposed as terms for new trial for newly-discovered evidence | 229 |
| Travel fees allowed for witness residing out of state, more than 100 miles from place of trial, attending upon mere request, though his deposition is on file 844; contra | 992 |
| Lawyer's fee not taxed in equity suit against executors and administrators (in Virginia) | 11001208 |
| COUNTIES. | |
| In Oregon, a county is a body politic, and may take a note or bond and mortgage and enforce same in courts | 370 |
| Procedure in enforcing security for a loan | 370 |
| COURTS. | |
| Comparative authority of Federal and state courts: Process. | |
| Federal courts may exercise jurisdiction as to accounts of executors. etc., if jurisdiction of state court has not attached | 439 |
| The federal court may so control its process as not to violate local laws | 1068 |
| The state court can make no order or decree which shall interfere directly or indirectly with a mandamus issued from the federal court | 1068 |
| Where vessel attached in state court, marshal cannot disturb possession on libel in rem in admiralty | 1008 |
| Concurrent jurisdiction of state and federal courts in enforcing liens against vessels | 1008 |
| Federal court on habeas corpus to release bankrupt arrested on process in state court, not bound by case made in state court, as to whether debt sued on was contracted in fraud | 557 |
| Federal court cannot examine order of Pennsylvania orphans's court directing sale of realty to pay intestate's debts | 486 |
| Levy by sheriff valid in state courts will be held valid in federal court in bankruptcy | 1144 |
| State court practice in summoning jurors, does not become practice of federal courts until expressly adopted | 575 |
| Grounds of jurisdiction. | |
| Federal courts have jurisdiction of suits by individuals on marshals' bonds, irrespective of citizenship | 177 |
| Jurisdiction of an action under the patent laws depends upon the subject matter and not upon citizenship | 444 |
| In an action under the patent laws neither plaintiff nor defendant need be an inhabitant of the state where brought. It is sufficient if the writ is served personally upon defendant in the district | 444 |
| Residence of persons having equitable interest in subject matter of suit at law immaterial | 156 |
| Jurisdiction on ground of diverse citizenship will not be taken of a suit to enjoin issue of county bonds unless complainant's liability is shown to exceed $500 | 106 |
| An allegation that complainant sues “on behalf of all others similarly situated” will not give jurisdiction | 106 |
| Circuit courts. | |
| The circuit court for the middle district of Alabama has jurisdiction to review an adjudication in bankruptcy by district court | 275 |
| District courts. | |
| The district courts have jurisdiction of all cases of marine trespass or tort | 765 |
| The general jurisdiction of the district courts includes prize cases | 799 |
| Jurisdiction of seizure on high seas belongs to court into which property is brought | 26 |
| The district court of the district within which seizure for violation of customs laws is made has original jurisdiction | 26 |
| The locus rei sitae gives jurisdiction in suits in rem | 72 |
| The district court for district of Oregon has concurrent jurisdiction over Columbia river | 983 |
| Vessel in basin at Jersey City moored to piles 40 feet from dock is within jurisdiction of district court for southern district of New York | 1100 |
| Territorial courts. | |
| Effect of Colorado enabling act upon the territorial courts, and causes pending there in | 750, 753 |
| Local courts. | |
| County court in Oregon sitting as probate court has jurisdiction to compel specific performance by administrator of intestate vendor | 132 |
| Justice of peace in District of Columbia has no jurisdiction of suits against administrators | 128 |
| CRIMES. | |
| An offence created by law falls by a repeal of the law without reservation of jurisdiction | 1032 |
| Robbery committed in the India country is not punishable with death, but as larceny (Act 1790, § 8; Act 1834, § 5) | 999 |
| CUSTOMS DUTIES. | |
| Customs laws. | |
| Not construed beyond natural import of language | 84 |
| Articles grouped together are to be deemed of a kindred nature | 84 |
| Free list. | |
| French silk gloves (Act 1834) | 84 |
| Worsted shawls (Act 1832) | 301 |
| Prohibited importations. | |
| Articles imported in boxes embellished with indecent and obscene prints are subject to forfeiture | 1024 |
| Manifest. | |
| Must name shipper, and in case of return of part of cargo must show by whom shipped out and to whom consigned inward | 1113 |
| Goods will be forfeited for nonproduction of manifest not satisfactorily accounted for | 1113 |
| Invoice: Appraisal. | |
| “Actual cost” in revenue act means bona fide purchase price, not market value | 395 |
| Charges and expenses not to be added to determine whether wool is dutiable (Act 1832) | 1142 |
| Deductions should be allowed from nominal value of imports for foreign depreciated currency | 573, 574 |
| Violations of law. | |
| Onus probandi in cases of seizure for violating customs laws is on libellant | 36 |
| Domestic goods shipped from foreign port to aid in concealing foreign goods, liable to forfeiture | 1113 |
| Evidence of prior fraudulent shipments admissible on libel to forfeit goods for evading duties | 395 |
| A libel against a vessel for the penalty for smuggling must show ownership of vessel and value of goods | 1053 |
| Proof of foreign growth or manufacture of alleged unlawfully imported goods is not necessary | 64 |
| Section 27 and not section 50 of the act of 1799 applies where the goods imported are unladen before the vessel has arrived within a collection district | 64 |
| Collection officers. | |
| The government cannot be prejudiced by an opinion or promise of its collector made after he left office | 8561209 |
| Fees, compensation, and disbursements of collectors of ports and deputies | 904 |
| Collector of port, by failing to keep and transmit yearly accounts of incidental expenses, does not forfeit right to reimbursement, but only liable to penalty | 904 |
| DAMAGES. | |
| Owners of privateer not liable for amount paid in compromise by vessel seized by belligerent as prize for want of papers plundered by privateer | 765 |
| Loss of voyage is not an item of damages in case of marine trespass | 765 |
| When excessive in patent cases | 450 |
| Vindictive damages not allowable against owners of privateer for trespasses committed by crew | 765 |
| DEBTOR AND CREDITOR. | |
| The equities of the creditors of a bankrupt in a secret fraudulent trust fund are at least equal to those of creditors of the owner of such fund | 238 |
| Concealment of assets and misrepresentations in settlement is a good defense to a suit by the debtor to recover an excess in per cent. paid to defendant over other creditors | 1142 |
| Agreement by part of creditors to take assignment of debtor's property to apply on account of debts of all creditors is valid as against a creditor not present at the meeting | 86 |
| The rule as to marshalling assets, and its application to judgment creditors | 577 |
| Payments on running account will be appropriated to items in order of dates | 1095 |
| When payment will be appropriated in law to extinguishment of debt secured by lien rather than unsecured debt | 1037 |
| DEPOSITIONS. | |
| Should not be taken merely de bene esse in case of old age, sickness, or going abroad | 450 |
| Time of taking, generally | 450 |
| Notice to counsel of taking is necessary when witness is within 100 miles | 450 |
| Notice of taking must be given to attorney of record | 1104 |
| When taken to be used against U. S. its attorney must be notified | 1104 |
| A commission directed to five commissioners must be executed by all of them | 1139 |
| Effect of error in caption | 450 |
| Taken and filed by one party may be read in evidence by the other | 894 |
| Admitted on condition that opposite party have opportunity to cross-examine witnesses, when | 229 |
| Answers to cross interrogatories not dependent upon a direct interrogatory, answer to which was ruled out, are admissible | 564 |
| DESCENT AND DISTRIBUTION. | |
| A woman claiming an estate as widow and heir at law, must give other proof that her mere statement where her right is contested | 777 |
| A foreign bill of exchange protested does not bind the heir of the drawer | 577 |
| Heir is not liable to judgment creditor of his ancestor for profits received before filing bill | 577 |
| Agreement among distributees that no administration shall be taken, and that one shall hold and manage the estate for all, not enforceable | 514 |
| DISTRICT ATTORNEYS. | |
| Not entitled to fees in prize cases as for extra services. Such fees belong to the government | 932 |
| DOMICILE. | |
| Person who still lives part of every year in his original home, may claim his citizenship there though he has another home in another state | 1181 |
| DOWER. | |
| Widow not entitled to damages in equity for non-assignment of dower where husband did not die seised | 383 |
| EJECTMENT. | |
| Not necessary to show title out of proprietaries of Pennsylvania | 486 |
| Color of title in good faith must be such as would pass the land if a better title were not shown | 1187 |
| Possession for seven years without color of title, no defense under Illinois limitation law of 1835 | 1187 |
| ELECTIONS. | |
| Members of election returning board of state are state and not federal officers, even when canvassing votes for presidential electors | 828 |
| EMBARGO: NON–INTERCOURSE. | |
| No penalty attached for loading without inspection | 69 |
| Departure from any place within jurisdictional limits, although not a port, is within the provisions of the act | 926 |
| What necessity will excuse from forfeiture | 1100 |
| Intention of touching off port of United States for supplies, and of terminating voyage in United States if lawful not cause of forfeiture | 986 |
| Bringing British vessel with British cargo captured on high seas by French vessel and given to American crew, into United States port, not a violation of act | 202 |
| Section 3 of the Act of 1808 not repealed by Act of 1809, c. 91 | 1100 |
| EQUITY. | |
| Will not relieve against a forfeiture of life insurance incurred by nonpayment of premiums on the day stipulated | 846 |
| Will not enjoin defense of statute of limitations on the ground that the cause of action was originally good and valid | 856 |
| Bill against third person to enforce equitable mortgage of chattels—Sufficiency of averments | 540 |
| ESTOPPEL. | |
| An agent invoicing goods as purchaser, is estopped to claim that he is a producer or manufacturer | 395 |
| Recitals in bond estop parties thereto in action thereon | 504 |
| A verified complaint by persons in possession of land to compel a transfer of legal title from persons alleged to hold in trust for them estops them in subsequent ejectment to allege an adverse holding | 97 |
| A parol contract set out in the bill is of same force against plaintiff as though in writing | 2401210 |
| A promise without consideration of a colector of customs not to plead the statute of limitations is neither enforceable in law nor equity | 856, 863 |
| EVIDENCE. | |
| Judicial notice. | |
| Will be taken that the collection district of Oregon is within limits of the United States | 64 |
| Presumptions: Burden of proof. | |
| Presumptions are against a person who withholds his books of account | 14 |
| Letters not presumed to have been received on proof of mailing only | 450 |
| Proceedings to sell real estate to pay intestate's debts, presumed authorized after 48 years | 486 |
| Burden of proof of necessity of spoliation in action for unlawful seizure | 1178 |
| Best and secondary. | |
| One who has destroyed a paper to prevent its being used in evidence, cannot prove its contents by secondary evidence | 1113 |
| Documentary. | |
| Sworn answer in chancery evidence in bankruptcy | 1015 |
| Certificate of clerk is no evidence of character or legal effect of paper, but only as to its being a true copy | 370 |
| Parol, to vary writing. | |
| Where writing is manifestly incomplete, parol evidence is admissible as to matters not defined therein | 411 |
| Previous course of dealing is admissible to show intention in respect to time and mode of delivery and payment not set out in contract of purchase | 411 |
| Accidental omission from shipping articles of agreed time of voyage, supplied by parol | 1043 |
| Oral evidence admissible to show deed absolute intended as mortgage | 374, 778, 896 |
| Declarations. | |
| Of agent, admissible against principal when part of res gestae | 229 |
| General declarations of testator applicable to any will are not competent to prove execution of a particular will | 102 |
| Competency: Relevancy: Materiality. | |
| Invoices of shipments in July and August are admissible to show market value of goods shipped in May | 395 |
| Foreign market value of goods may be proven by testimony of domestic merchants | 395 |
| Weight and sufficiency. | |
| Positive testimony is of greater weight than negative testimony | 7 |
| A direct conflict between equally credible witnesses must be resolved in favor of the one having best opportunity to know the facts | 7 |
| Want of credit in the owners of a vessel, in the case of supplies furnished, is shown by proof of an attachment and a mortgage of the vessel to release it | 1095 |
| EXCEPTIONS (BILL OF.) | |
| When motion for allowance of bill of exceptions in a patent case will be granted by the circuit court | 450 |
| EXECUTION. | |
| Levy by sheriff, by a description of the debtor's lands indorsed on the writ, held sufficient | 1144 |
| Levy may be made for whole amount of judgment though conditional | 465 |
| Recitals in forthcoming bond | 591 |
| Sheriff's return to an execution cannot be impeached collaterally | 1144 |
| Execution will be enforced where terms on which it was suspended under consent decree not complied with | 842 |
| EXECUTORS AND ADMINISTRATORS. | |
| Payment to foreign administrator, no defense to suit by administrator of the state of debtor's domicile | 992 |
| A receipt by one of four testamentary guardians to himself as executor discharges himself as executor | 577 |
| Where an executor who was also a guardian charges himself as guardian with a specific legacy to his ward, both he and the sureties on his executor's bond are discharged from liability | 577 |
| Declaration on promise by one as administrator must over assets to charge him personally de bonis propriis | 158 |
| FIXTURES. | |
| A mortgagee of trade fixtures has a good lien as against assignee in bankruptcy | 746 |
| FORFEITURE. | |
| Vessel engaged in slave trade liable to forfeiture though taken before slaves are on board | 362 |
| FRAUDS (STATUTE OF.) | |
| Sales at public auction not within statute | 1091 |
| An oral agreement among purchasers at a public sale in void | 1091 |
| FRAUDULENT CONVEYANCES. | |
| See, also, “Bankruptcy.” | |
| Intention of parties, and not fact of payment, is the test in determining fraud | 383 |
| Presumption of fraud arising from nonpayment of consideration, etc., is rebutted by subsequent payment in good faith under prior agreement | 383 |
| Conveyance by debtor is fraudulent if no consideration is paid and no security or evidence of indebtedness is taken, or if payment of consideration is falsely admitted | 383 |
| Possession and control by grantor is evidence of fraud | 383 |
| Transfer of furniture between persons living in same house, who continue use as before, is fraudulent | 504 |
| A transfer with intent to defraud creditors is void, notwithstanding adequate consideration paid | 383 |
| Defendants must contradict and explain every fact tending to cast suspicion upon the conveyance | 383 |
| GUARDIAN AND WARD. | |
| See, also, “Executors and Administrators.” | |
| Where a guardian without bond assumes a debt to his ward, his heirs are not liable | 577 |
| INDIANS. | |
| Indian country is not within exclusive jurisdiction of United States under treaties with Indian tribes securing local self-government | 9991211 |
| INFORMERS. | |
| Information given by one under arrest for suspected complicity in smuggling, which prevents the smuggling, entitles informer to share in forfeiture | 1010 |
| INJUNCTION. | |
| Nonresident taxpayer cannot sue to enjoin issue of railroad aid bonds, unless he has an interest not common to the community | 106 |
| On preliminary hearing court may consider matters of ordinary knowledge outside the affidavits | 162 |
| Lack of jurisdiction ground of vacating temporary injunction at any time | 106 |
| Circuit and district judges may dissolve injunctions in vacation | 106 |
| Decisions upon preliminary hearing not conclusive on final decree | 856 |
| INSOLVENCY. | |
| See, also. “Bankruptcy;” “Fraudulent Conveyances.” | |
| Insolvency laws of New York discussed | 141 |
| Plaintiff who has received discharge in insolvency pending action still competent to maintain it | 1094 |
| Discharge covers immature debt | 838 |
| Discharge in one state under its insolvent laws passed after the making of the contract in another state, bars action thereon. | 141 |
| INSURANCE. | |
| Marine insurance. | |
| Valued policy on profits not a wager policy unless so intended by both parties | 564 |
| Valued policy void where underwriter designedly misled by insured intending a wager policy | 564 |
| A bona fide overvaluation not made with intent to mislead or defraud will not avoid a valued policy, and underwriter is estopped to consider the actual value | 564 |
| Where less goods were in fact shipped than were expected, the recovery on a valued policy must be in proportion | 564 |
| Clause in memorandum of insurance construed as representation of fact | 885 |
| Underwriters not liable for loss by seizure at designated port for illicit trade not known at the time | 885 |
| Loss of cattle by breaking fastenings in lightering from vessel in usual manner is within insurance against “perils of the seas” and “usual risk of lighterage” | 1046 |
| Unseaworthiness when insured, good defense | 166 |
| Burden of proving unseaworthiness is on insurer | 166 |
| There can be no recovery for a loss, caused by a leak discovered before sailing, if prudent and discreet master of skill would have repaired same | 166 |
| Consignee who advanced money to buy cargo and took assignment of bill of lading entitled to recover on policy “on account of whom it may concern” | 336 |
| Amount of recovery in such case where interests are separable | 336 |
| Fire insurance. | |
| A second policy invalid by reason of misrepresentations as to prior insurance does not violate condition against additional insurance | 530 |
| Whether policy on part of goods previously insured avoids first policy in toto under condition against additional insurance, quaere | 530 |
| Naked legal title in another does not vitiate policy conditioned that insured should be “entire, unqualified owner” | 618 |
| Effect of giving a mortgage upon policy conditioned that insured shall keep “entire, unqualified” ownership | 618 |
| Oath to ownership made in good faith, not falsified by title being in another | 618 |
| After assignment of fire policy to mortgagee with consent of insurer, a mistake in renewal of which mortgagee was ignorant will not avoid the insurance | 264 |
| Refusal to recognize right to prove loss is a waiver of proof | 264 |
| The contract limitation of one year for suit is not available where a complaint was filed in time, but, at request of defendant's attorney, summons was not issued | 264 |
| Life insurance. | |
| Condition that policy shall cease and all premiums be forfeited if interest on premium notes not paid annually in advance is valid | 846 |
| A course of business to pay interest on premium notes in cash, and apply dividends earned to the principal, will control the rule of law as to application of payment, even though it results in forfeiture of the policy | 846 |
| Subrogation. | |
| A libel for wrongful act causing a loss may be brought in the name of the insurer who has paid it | 586 |
| Where insurer has paid only part of the loss he cannot sue wrongdoer in his own name | 207 |
| On libel by insurer, who has paid the loss, for the wrongful act causing it, it is no defense that insurer was not liable | 586 |
| Insurance companies. | |
| Have power to take, hold, and negotiate negotiable paper in the conduct of their business | 366 |
| INTEREST. | |
| Allowance of interest in cases of tort is matter of discretion | 342 |
| INTERNAL REVENUE. | |
| Collection of assessment not restrained on allegation in bill that assessment is irregular, and in violation of law, and void | 418 |
| The remedy in equity to collect assessments is cumulative | 418 |
| Lien on distillery for unpaid taxes is not lost by a bonding and release of the property in forfeiture proceedings afterwards discontinued without judicial action. | 418 |
| Bona fide purchaser of distillery property for value and without notice takes subject to existing liens for taxes | 418 |
| The government is not estopped by statements of its collector to enforce existing liens for unpaid taxes | 418 |
| INTERNATIONAL LAW. | |
| Every nation has exclusive jurisdiction over the waters adjacent to its shores for a marine league | 926 |
| JUDGMENT. | |
| Rendition and entry. | |
| The date of a decision is the time when it is finally settled and approved, and ready to be promulgated | 734 |
| A mistake in calculating marshal's fees may be cured by a release, and judgment rendered for true sum | 591 |
| The heir of a judgment debtor cannot avail himself of an error of the clerk by which the judgment was entered for the penalty of the bond sued on, instead of the damages allowed | 5771212 |
| A judgment of a justice of the peace docketed in a county court is not a judgment of that court | 444 |
| Operation and effect. | |
| The record of a judgment should show affirmatively jurisdiction of the person of defendant | 444 |
| Distinction between cases in which judgments may and those in which judgments may not be impeached collaterally | 52 |
| A verdict on which a judgment was never entered is not conclusive in another suit | 450 |
| A sentence of a court of exclusive jurisdiction is conclusive both as to the right established and fact decided | 1132 |
| A judgment in a suit in rem for forfeiture of a vessel is not conclusive in an action on a bond conditioned for the proper use and delivery up of the certificate of registry | 518 |
| A statute making a decision of a military commission final, held not to make it conclusive as to the right in question | 1062 |
| Dismissal upon the merits of creditors' bill to set aside conveyance as fraudulent estops creditor from opposing bankrupt's discharge | 1054 |
| Revival of judgment by scire facias (Va. Act 1792) | 577 |
| Amendment. | |
| Federal courts can amend only as to defects of form | 302 |
| Misnomer not apparent of record is not amendable | 302 |
| Relief against: Opening: Vacating. | |
| Fraud upon a party by her counsel will not invalidate a decree where it does not appear that it affected the result | 777 |
| A delay of eleven years after knowledge of suspicious conduct of counsel bars relief against decree for his fraud | 777 |
| A decree entered without authority will be set aside | 784 |
| Office judgment set aside on plea of “never executrix” | 389 |
| Judgment by default against married woman may be corrected by writ of error coram nobis (coverture being a question of fact) or by motion on affidavit | 317 |
| An unexplained delay of 18 months, and after default taken and report of a commission, will bar respondent's motion to set aside proceedings as coram non judice | 1090 |
| A claimant who, after a libel in rem is dismissed by default and the stipulation and bond cancelled, agrees to open the default, waives the decree and order of cancellation, and the court may vacate them so as to hold the stipulators liable | 1039 |
| Satisfaction and discharge. | |
| Assignee of judgment who advanced money to one of several joint debtors to pay the same, and took assignment as security, cannot maintain action against other debtors. | 1186 |
| Of different jurisdictions. | |
| All presumptions are in favor of a judgment of a court of general jurisdiction | 370 |
| A decree in a divorce suit against plaintiff declaring that she was never legally married may be impeached for fraud when set up against her in another state (Reversing 774) | 771 |
| Actions on judgments. | |
| Nil debit cannot be pleaded to action on judgment obtained in another state | 1140 |
| In an action on a foreign judgment, the debtor may plead that he was not served with process, and that the attorney appearing had no authority to do so | 1186 |
| JURORS. | |
| Court has power to order a tales in special jury cases | 996 |
| Impressions from reading newspapers will not disqualify jurors in criminal cases, though opinions formed will disqualify | 1024 |
| Citizens of municipality not competent in an action of debt for penalty of a by-law of the corporation | 392 |
| LANDLORD AND TENANT. | |
| A bankrupt's assignment is not within the condition of a lease forfeiting it on an assignment by the lessee | 444 |
| Acceptance of draft on tenant for rent, no bar to distress if draft not paid | 388 |
| A vowry is prima facie evidence of amount of rent | 365 |
| Replevin bond for goods distrained for rent | 383 |
| LIBEL. | |
| Liberty of the press does not sanction libels | 1177 |
| LIMITATION OF ACTIONS. | |
| The statute of the state where the suit is brought governs | 759, 778 |
| State statutes cannot be pleaded in bar of suit for infringement of a patent | 1048 |
| The statute commences to run against a claim for a balance of rents against one who holds an absolute conveyance of property to secure a debt, from the time the grantor has knowledge of repayment of the debt by rents received | 778 |
| The statute runs as against bill for accounting for mortgaged property in the rightful possession of third person from demand and refusal | 540 |
| Rents or profits in the hands of one who holds an absolute conveyance of property as security for a debt, is a debt or liability not under seal | 778 |
| A debt protected by a mortgage is not barred until a suit as to the mortgaged property is barred | 540 |
| Admission that a note is as good as money is sufficient evidence of new promise | 1179 |
| A letter stating that the writer could have availed himself of the insolvent laws, but preferred paying all debts as soon as possible, “not omitting A's claim,” not sufficient acknowledgment | 1089 |
| Replication to plea of statute of limitations alleging absence from state | 863 |
| Courts of equity apply the statute of limitations | 778 |
| LOST INSTRUMENTS. | |
| Owner losing half of bank note may recover on whole note on offering security to bank | 1129 |
| MARRIED WOMEN. | |
| To give jurisdiction against married women, liability must appear affirmatively | 317 |
| Judgment by default against married woman may be set aside | 317 |
| MARSHAL. | |
| Fees, in bankruptcy | 354 |
| Entitled to actual mileage travelled on return of nulla bona | 1004 |
| Fees as messenger—Mileage or expenses of deputy | 9931213 |
| Not entitled to commissions on forfeited delivery bond | 1004 |
| Where vessel seized is released on stipulation for her appraised value, not entitled to fees on such value | 42 |
| Claimants not liable to marshal for costs and expenses attending seizure, on bonding vessel, pending appeal from decrees of condemnation | 225 |
| May have attachment to enforce payment of fees | 998 |
| MASTER AND SERVANT. | |
| Assumpsit lies by apprentice against master for disobedience of order although no indentures executed | 138 |
| Master liable only in case of negligence or want of due and proper care and prudence | 152 |
| Rules for determining care and prudence of master in furnishing suitable materials | 152 |
| Furnishing unsuitable explosive for blasting is negligence | 152 |
| Master in selecting dangerous instruments, such as explosives, must not sacrifice quality to cheapness | 152 |
| Superintendent of city streets employing workmen is a vice principal | 152 |
| MORTGAGE. | |
| A conveyance made in satisfaction of a precedent debt cannot take effect as a mortgage, although providing for redemption | 374 |
| An absolute conveyance of property as security for money advanced to pay the grantor's debts is a mortgage | 778 |
| Equity will enforce right to redeem under deed absolute given to secure debt | 374 |
| Sufficiency of evidence to show deed absolute intended as a mortgage | 374, 896 |
| Deed absolute to deceased not declared mortgage on uncorroborated evidence of single interested witness | 896 |
| Lien not affected by substitution of new notes or bonds for those originally secured or by the giving of a new mortgage expressly reserving rights under original mortgage | 760 |
| Equitable right of junior to compel senior mortgagee to resort to property on which he has exclusive claim, not defeated by declaration of homestead therein | 24 |
| Twenty years after forfeiture and possession taken is limit of time of right to redeem, where no excuse for delay is shown | 778 |
| MUNICIPAL CORPORATIONS. | |
| See, also, “Bonds.” | |
| Paving streets in Alexandria, Va. | 393 |
| On motion for judgment for assessment for paving, it is no defense that the paving was badly done | 393 |
| A county may issue coupon bonds in payment of subscription to railroad stock under the authority to make payment in such manner as may be agreed upon | 128 |
| What is substantial performance of contract to complete railroad within condition of gift of county bonds | 106 |
| A proviso that railroad aid bonds shall not be sold for less than par does not affect rights of bona fide purchasers at market value | 128 |
| A town, having as a corporation voted and issued bonds, is estopped as against bona fide holder to deny incorporation | 522 |
| Naturalization. | |
| See “Aliens.” | |
| NEW TRIAL. | |
| Motion for new trial does not suspend entering of judgment after one verdict, but execution will be stayed on application | 1180 |
| Court will settle differences between counsel as to rulings made, for purposes of motion | 450 |
| Rebutting affidavits not allowed | 755 |
| Motion for surprise is waived by continuing trial | 755 |
| Irregular conduct of jury in open court not objected to at the time is not available | 450 |
| General rules as to granting where fraud is in issue | 564 |
| Not granted because of erroneous instructions or refusals to instruct, if not prejudicial | 450 |
| Not granted on ground that verdict is excessive unless plainly largely beyond injury inflicted | 229 |
| Not granted on ground that verdict was against evidence unless clear mistake or manifest abuse of power shown | 229 |
| Granted for newly-discovered evidence, in the absence of gross negligence | 229 |
| Not granted upon mere cumulative evidence | 229, 564, 755 |
| OFFICE AND OFFICER. | |
| No distinction between foreign and domestic agents of government (Act 1809) | 1147 |
| A “permanent agent” is one appointed by the president with the advice and consent of the senate | 1147 |
| Act July 23, 1868, to authorize the temporary supplying of vacancies in the executive department, applied to existing vacancies | 734 |
| Public officer is required to perform duties imposed by law after coming into office though his compensation is inadequate | 904 |
| Government agent must be reimbursed damages paid in consequence of protest of bill of exchange authorized to be drawn by him | 1147 |
| Commissions, expenses, and disbursements of navy agent stationed abroad | 1147 |
| PARTIES. | |
| Suit brought in name of plaintiff who is neither a natural nor an artificial person is a nullity | 370 |
| Parties may unite in admiralty, where the cause of action is common to all though interests are separate | 665 |
| The alleged fraudulent endorsee of a note is a necessary party to a bill by the payee to avoid an assignment for fraud and compel the maker to pay a second time | 366 |
| A company for whom its stockholders ask an accounting against another company is a necessary party defendant | 1080 |
| On bill by distributee against executor or administrator to sell personalty for distribution, other distributees not necessary parties | 574 |
| Executor or administrator is necessary party to bill to enforce trust concerning decedent's property | 514 |
| The vendee need not be made a party to a bill to enjoin an alleged fraudulent sale by a corporation | 13 |
| Equity will not proceed to final decree in absence of interested party | 13 |
| A bill in equity will be dismissed where a necessary party is beyond jurisdiction of the court | 13 |
| Objection of nonjoinder need not be raised by pleadings | 366 |
| Persons not parties to suit or belonging to class represented therein can only be heard by original bill | 8421214 |
| An underwriter who has accepted an abandonment may be permitted to intervene as sole owner in a suit in rem | 947 |
| PARTNERSHIP. | |
| One partner without prior consent of others may convey partnership personalty in payment of firm creditors | 851 |
| An assignment of partnership debts by one partner only, though void in law, sustained in equity if bona fide to secure creditors | 851 |
| An assignment by one partner of partnership realty in payment of firm debt passes only his interest | 851 |
| One partner may give a preference to a particular creditor without consent of others if they are abroad | 851 |
| PATENTS. | |
| The commissioner of patents. | |
| Cannot delegate duty of examining new invention (Act July 4, 1837) | 226 |
| An order extending a patent signed by the chief clerk acting as commissioner during a vacancy, after the approval of the Act of 1868, providing that the senior examiner in chief shall act as commissioner. is a nullity | 734 |
| Invention. | |
| Remedy for theoretical defect is a good invention | 233 |
| Recollection of a prior imperfect machine and its product, and preservation of the same, renders patent void for want of novelty | 233 |
| Mere experiments are not anticipations | 320 |
| Invention is the conception, not the final development | 112 |
| Utility is evidenced by extensive use | 112 |
| Who may obtain patent. | |
| First inventor is the original discoverer first perfecting and adapting invention to actual use | 320 |
| A chance operation of a principle unrecognized at the time will not defeat patent to one who discovers principle, and puts it to intelligent use | 868 |
| The question of originality is not affected by experiments of another subsequently resulting in invention | 476 |
| An invention to be valid as the first must be seasonably reduced to practice and put to use | 450 |
| One who reduces to practice theory of another by his help is not the sole inventor | 1165 |
| Application will be refused where applicant is one of three joint inventors | 1168 |
| Want of originality in the patentee is shown only by such communication of ideas that other inventive power is not necessary to their application | 329 |
| Prior public use or sale. | |
| The “public and common use” for more than two years prior to application which will invalidate a patent is a common and general use by the community | 647 |
| In the case of successive applications, public use or sale must antedate the first application by two years to defeat inventor's right | 112 |
| The use of an article made by the inventor for himself at his place of business is private and not public | 112 |
| Abandonment—Laches. | |
| Abandonment is proved only by public use for the required time | 868, 908 |
| Delay of four years after filing caveat will not defeat right where constant effort was used to perfect invention | 1072 |
| Application is conclusive evidence of intent not to abandon invention | 126 |
| A presumption of abandonment will not obtain from the lapse of six years after putting down a pavement before applying for a patent, in the face of a manifest contrary intent | 703 |
| Involuntary delays in prosecuting application will not work a forfeiture | 126 |
| A litigation as to a right to two improvements, one of which only is good, will not prejudice the inventor's right to such improvement | 126 |
| Application and issue. | |
| It is only necessary that the description and drawings shall be such that one skilled in the art can by their aid embody the invention in an operative and efficient form | 647, 476 |
| Technical defect in description will not defeat patent | 123 |
| The original deposited model may be examined to resolve doubts from drawings | 233 |
| Two forms of invention related to the same subject, where the necessary elements of one are substantially used in the other, may be included in one patent | 703 |
| A patentee is not estopped by words omitted from an amended specification | 450 |
| A patent secures only the means employed, and not the effect produced | 712 |
| A caveat is intended to give notice of an invention and prevent a patent to another | 476 |
| Failure of officer to certify to sealing of deposition in an interference case is ground of exclusion | 1165 |
| Decision of commissioner is conclusive as to law and facts arising under application, in the absence of fraud or excess of authority manifest on the face of the papers | 448 |
| Appeals from commissioner's decisions. | |
| Where the claim becomes too broad through a rejection of part it should be amended before appeal | 1185 |
| The review of the commissioner's decision must be confined to points involved in reasons of appeal | 226, 1168 |
| Objection to incompetency of witness in interference case cannot first be made on appeal | 440 |
| No reply will be allowed to be filed on appeal | 227 |
| Testimony of experts are entitled to more weight than opinion of commissioner | 1192 |
| Irrelevant reasons by commissioner no ground of reversal | 226 |
| Appellant in an interference case cannot rely upon the weakness of his adversary's case | 1072 |
| When in doubt the commissioner's decision in an interference case will be affirmed | 434 |
| Reissue: Disclaimer. | |
| Purpose and scope of reissues | 6 |
| Presumption is in favor of validity of reissue | 703 |
| Reissue is prima facie for same invention | 908 |
| Reissue need not claim everything embraced in original, but must not claim new matter | 320 |
| In determining whether reissue is for different invention, the two patents must be compared | 635 |
| Reissue may include features disclaimed in original patent by mistake of patent office | 720 |
| Title of patent presumed to be in one to whom reissue is granted as assignee | 635 |
| Defect of broad claim covering primitive device and improvement cured by disclaimer, in case of limited knowledge of primitive device | 2331215 |
| A reissue is not invalid because laying the greater strees on one of two forms of invention included in the original patent | 703 |
| Duration. | |
| Date of filing of specifications in foreign country, taken as date of patenting there | 639 |
| Extension: Renewal. | |
| The extension of a patent by the commissioner cannot be collaterally impeached | 732 |
| The presumption that a renewal was legally made may be rebutted | 450 |
| Assignment. | |
| Agreement to assign extended term makes promisee equitable owner thereof where conditions are fulfilled | 233 |
| Limited assignment of patent construed | 233 |
| Licenses. | |
| A licensee from an assignee has no greater rights than his licensor | 9 |
| A confession of judgment for arrears of weekly payments for a license is an admission of the arrears, giving the option to revoke the license is an admission of the arrears, giving the option to revoke the license | 1140 |
| Sale of patented machine or product. | |
| A patented product purchased without condition or restriction loses the protection of the patent laws, and the purchaser may sell the same in the territory of one having exclusive rights | 100, 245 |
| The condition attached to the sale of patented cotton ties, “licensed to use once only” is void 623; contra, | 625 |
| The purchaser of a patented machine with separately patented parts has no right to manufacture new parts to replace those worn out | 245 |
| But the purchaser may repair and improve the patented parts | 245 |
| Infringement—What constitutes. | |
| There is an infringement if use of the machine will produce a result in it which would have been an infringement if originally introduced | 641 |
| Experimental making and user of patented article is technical infringement | 320 |
| Structures are “substantially” the same, if of the same material, thickness, or form, where such condition is important | 112 |
| A patent for a horizontally revolving retort does not cover an oscillating retort | 440 |
| A device to raise and suspend a finger bar to an angle of 45 degrees is anticipated by one which raises and suspends the bar in a perpendicular position | 434 |
| A change in location of a part, in combination, where no new function is performed, will not evade a patent | 123 |
| Superiority of defendant's invention no defense of infringement | 329 |
| —Who liable. | |
| The board of education and not the city is liable for the use of a patented seat in the city's public schools 464; contra, | 506 |
| Carrier of articles made in infringement of patents where he refuses to disclose shippers is liable for infringement | 631 |
| Purchaser of articles known to have been manufactured by infringing machinery not liable to injunction or damages | 1036 |
| —Preliminary injunction. | |
| General rules applicable to the granting | 708 |
| Effect of laches | 683 |
| Infringement enjoined independent of other relief | 631 |
| Denied to inventor who falsely described his invention as patented | 1008 |
| Previous use by plaintiff not absolutely essential | 683 |
| Not granted on a theory not affirmatively supported by affidavits | 641 |
| Denied where originality of patent doubtful, but account ordered to be kept pending decision on merits | 517 |
| Granted where the patent has been declared valid, and an infringement is probable, unless a bond is given to pay the decree, to keep an account, etc | 683 |
| Denied where suit had been pending many months and was nearly ready for hearing, and no newly-discovered ground for writ was shown | 903 |
| Refused where infringement not satisfactorily shown | 675 |
| Denied where its purpose is to compel a city to award a contract to complainants | 708 |
| The question of priority will not be considered on the application, where priority has been declared and acquiesced in for a long time | 719 |
| A decree of another federal court sustaining a patent is generally controlling on the application | 683, 708 |
| Adjudications of validity by other courts is ground of granting only where infringement is palpable | 720 |
| —Procedure. | |
| In suits founded on a patent issued to a partnership, both partners are necessary parties | 589 |
| Bill alleging fraudulent sale, held bad for multifariousness | 589 |
| State statutes of limitation cannot be pleaded in bar of suit for infringement | 1048 |
| Where prior use relied on in defense is by the inventor or under his license, notice is not necessary as to the persons or places | 647 |
| Patents and specifications will be liberally construed, but courts will not resort to conjecture | 755 |
| Trial of issues of originality and infringement | 517 |
| Motion to set aside decree pro confesso, and for leave to answer, denied on plaintiff's stipulating to limit recovery to a certain amount, being less than expense to defendant of trying issue | 877 |
| On the withdrawal of opposition to a motion for a preliminary injunction, plaintiff is not entitled to a decision on the merits | 689 |
| Disclaimer at hearing deprives complainant of all costs | 233 |
| —Evidence. | |
| Prior patent not pleaded admissible to show state of art but not want of novelty. | 717 |
| A patent is prima facie evidence of the right of the patentee | 476 |
| The prior oath of an inventor as to originality may be opposed to the oath of a witness as to want of originality | 329 |
| One to be competent as an expert must understand the science involved | 476, 448 |
| The burden of proof is on defendant alleging prior public use | 450 |
| Party claiming patent should be limited in duration has burden of proof | 639 |
| —Bond for damages, etc. | |
| Not required of defendant unless injunction should issue if not given | 675 |
| —Accounting. | |
| Accounting for profits, allowance of expenses, etc. | 691 |
| Though preliminary injunction denied defendant required to keep an account | 517, 675 |
| On bill for infringement where title not disputed, federal courts will refer to master to take account of profits | 444 |
| Accountability is not limited to the payment of the royalty required of licensees | 691 |
| Infringer liable for whole profits unless he show affirmatively the extent to which instrumentalities and improvements not covered by patents contributed | 6911216 |
| The fact that defendant could have made the profits realized by the infringement by doing the work in another way is immaterial | 691 |
| Complainants are entitled to interest upon profits only from date of final decree | 691 |
| Infringement—Damages. | |
| The court may allow treble what is found by the jury as damages | 450 |
| The jury, may allow costs and counsel fees, as damages | 450 |
| Various particular inventions and patents. | |
| Boots and shoes. No. 127,964, for improvement in manufacture of soles and heels, held invalid | 165 |
| Chime toys. Reissue No. 150,933, held valid | 6 |
| Chewing gum. No. 111,798, for improvement, held void | 135 |
| Cornshellers. No. 132,128, for improvement, held valid | 123 |
| Driven well. No. 73,425 and reissue No. 4,372, held valid | 868, 908 |
| Envelopes. Manner of folding and pasting sides, held not patentable | 1185 |
| Fire arms. Reissue No. 60 for improvement in locks, held valid | 517 |
| Flour. Reissue No. 5,841 for manufacture of new process by purification of “middlings” invalid as broader than original | 678 |
| Gauge lathes. No. 53,003, for improvement, construed, and held valid and infringed | 723 |
| Harness. Reissue No. 5,155, for dies for finishing rubber coated mountings, held valid | 320 |
| Harness-saddle pad. No. 86.112, for improvement, held valid | 717 |
| Hydrometers. Adams' improvement, held patentable | 76 |
| Kindling wood. No. 93,775, for improvement, held void | 324 |
| Knitting needles. No. 6,025, for improvement, held valid | 233 |
| Lantern. No. 50,591, for hinged top, held valid | 119 |
| Locks. No. 16,676, for improved keeper for right and left hand door locks, held valid and infringed by Patterson's patent | 126 |
| Lubricating oil cans. Device for opening and closing spout, held patentable | 1192 |
| Paper. Ames' patent construed and held infringed | 755 |
| Paper bags. No. 48,036 for improvement, held valid and infringed | 1125 |
| Paper bags. No. 137,533. for improvement, held void | 1123 |
| Paper bags. Notch in mouth to facilitate opening, held not patentable | 1123 |
| Paper bags. Softening upper parts to make pliable held patentable | 1125 |
| Pavements. Nicholson patent held infringed by Brocklebank's and Trainer's patent for inprovement | 703 |
| Pins. Slocum's patent for “a machine for sticking pins into paper” and Howe's improvement, defined, and held not infringed by Crosby's patented machine | 712 |
| Rock drill. Reissue No. 3,690, for improvement, construed and held valid | 641 |
| Safes. No. 3,117, for application of plaster of Paris, held valid | 112 |
| Seats for public buildings. Reissue No. 21, for improvement, held valid | 506 |
| Sieves. Design No. 4637 for flaring rim, held invalid | 162 |
| Sieves. No. 106,597, held not infringed | 162 |
| Toys. Reissue No. 150,933, for chime toys, held valid | 6 |
| Umbrella ribs. No. 39,210, for improvement in tempering, defined and held valid and infringed | 673 |
| Window screen, adjustable. Reissue No. 52,726. held invalid as too broad | 175 |
| Wood pulp. No. 17,387 defined and held valid and infringed | 728, 732 |
| Wood pulp. Nos. 25,418 and 38,901 defined and construed | 728 |
| Wood pulp. Reissues Nos. 1,448 and 1,449, for improvement, held invalid | 740 |
| PAYMENT. | |
| See, also, “Debtor and Creditor.” | |
| A note is not per se payment of antecedent debt | 483 |
| A note operates to discharge debt if endorsee fails to demand payment and give notice of dishonor | 483 |
| Payment during Civil War in Confederate money to agent in southern states of citizen of northern state does not discharge debt | 838 |
| Where draft given in compromise of suit is unpaid, suit may proceed | 840 |
| The payment of money to the purchaser of property under an unauthorized sale for salvage with a reservation of all rights, does not prevent an action for wrongful sale | 665 |
| PENALTIES. | |
| Penal statutes strictly construed | 904 |
| Ignorance of the existence of penal statute forms no legal excuse for its violation | 926 |
| PERJURY | |
| A false swearing from mistake is not perjury | 1032 |
| An indictment will not lie after the repeal of the bankrupt act by act of 1803 for a perjury committed thereunder | 1032 |
| Perjury committed in bankruptcy proceedings cannot be prosecuted under the general criminal law (§ 18) nor will an indictment lie at common law | 1032 |
| PILOTAGE. | |
| See, also, “Admiralty.” | |
| A pilot who does not take charge of a vessel until she reaches pilot grounds is only entitled to inshore pilotage | 285 |
| Mere wrongdoers or mutineers have no authority to bind the ship for pilotage | 955 |
| PLEADING AT LAW. | |
| Pleas. | |
| Plea to merits waives exception to jurisdiction | 26 |
| Plea in bar waives plea in abatement | 156 |
| Plea to jurisdiction, form, verification, time of filing | 156 |
| Plea to merits not allowed to be withdrawn to permit special demurrer | 557 |
| Replication. | |
| Mere narrative statements need no specific reply | 326 |
| Replication to plea of statute of limitations setting up agreement not to plead statute | 863 |
| Granting leave to put in several replications not an adjudication of their sufficiency | 863 |
| Demurrer: Exceptions. | |
| Reasonable presumptions are admitted by demurrer as well as matters expressly alleged | 778 |
| An exception that a libel does not state facts sufficient to constitute a cause of forfeiture is too general | 641217 |
| Errors and defects. | |
| Omission in copy of note filed of indorsement, which is alleged in the declaration, is not fatal | 156 |
| Issues: Variance. | |
| In debt on bond, entry of pleadings as “covenants performed,” “joined,” is sufficient joinder of issue | 392 |
| Admission by answer of execution of agreement particularly set out in libel, admits contents | 326 |
| In an action for a penalty, where defendant pleads that it is not reasonable, he cannot submit issue of law to the court | 393 |
| Variance between proof of by-law of March 27 and averment of March 26 | 392 |
| PLEADING IN EQUITY. | |
| Answer should be none the less full because not on oath | 326 |
| Waiver by bill of oath in answer is ineffectual unless accepted | 778 |
| Answer not sufficiently authenticated unless authority of justice of peace before whom it was sworn is shown | 170 |
| PRACTICE. | |
| At law. | |
| Appearance without bail | 338 |
| Court may order causes consolidated or one tried as a test case, where they involve same issues | 902 |
| Decision upon a motion has not the effect of a judgment so as to preclude further examination by same court | 259 |
| A stipulation to answer judgment waives illegal service of process | 43 |
| An oral agreement by counsel made out of court will not be construed on conflicting opinions | 719 |
| After three terms leave to file a new plea compelling plaintiff to suffer nonsuit granted on condition of paying all costs | 1036 |
| In equity. | |
| Suit dismissed for want of prosecution is no bar | 635 |
| Bill will be dismissed as to defendants against whom it contains no allegations, though they answered | 899 |
| Cause may be shown against decree nisi any time during term, and before other order made | 518 |
| Objection to admission of testimony by master, not heard unless testimony and objection are taken down | 691 |
| Rule answer in chancery | 996 |
| In admiralty. | |
| A foreign consul may appear for citizens of his country to protect proceeds of sale of property for salvage | 182 |
| A libel in personam may be filed for the libellant and all others interested | 665 |
| A claimant of a vessel will be allowed to change his claim where no one is prejudiced thereby | 1087 |
| An appraisement by an appraiser nominated by the clerk without notice to the opposite party will be set aside | 526 |
| District court in admiralty may deliver property on bail, either in the form of bond or stipulation on which judgment may be rendered | 527 |
| Where proceeds are prematurely ordered to be paid over, rule to return will be granted | 1113 |
| The claimants and not the libellants will be allowed to bond the proceeds of a vessel where libellants' claim is denied in the pleadings | 1088 |
| The vessel may be discharged on stipulation in its full value where the claims for which libels are filed exceed its appraised value | 1041 |
| A vessel, cargo, and freight attached on a libel on a bottomry bond will be bonded for their full amount, although proceeds of vessel are alone sufficient to meet the claim | 1087 |
| A married woman will not be accepted as surety on a stipulation in admiralty | 1041 |
| Where a libel in rem is dismissed by default the claimant may without notice enter an order canceling the stipulation and bond | 1039 |
| Proctor for libelant is bound by notice to respondent that he would ask only for a decree for costs | 913 |
| In bankruptcy. | |
| Agreements of counsel in bankruptcy must be in writing or of record to bind clients | 784 |
| PRINCIPAL AND AGENT. | |
| Scope of power of general and special agents | 508 |
| Civil War did not revoke agency in southern states for citizen of northern state | 838 |
| Repudiation of agent's act in excess of authority must be within reasonable time | 7 |
| Unratified tentative arrangement by agent, not binding | 7 |
| Irregularities of agent in disposing of proceeds do not affect title of realty sold by him | 899 |
| Agent of undisclosed principal personally liable | 512 |
| One contracting with agent personally may refuse performance where responsibility is shifted to principal | 44 |
| Agent in southern states during Civil War of loyal citizen is liable for receiving Confederate money in payment of debt | 838 |
| Where a ratification is necessary to bind the principal, agent is not liable to principal for abuse of power | 208 |
| Declaration in action for abuse of power as agent must aver that defendant acted as agent | 208 |
| Amendment of pleading by principal against agent | 838 |
| PRINCIPAL AND SURETY. | |
| Bond of internal revenue collector not binding as to collections previously made | 1160 |
| On the acceptance of a new bond, sureties on old bond are released unless it affirmatively appear that the default was committed prior thereto | 585 |
| One having a mortgage securing his acceptances, which he buys up at a discount, can only charge such amount against the mortgaged property | 746 |
| Verbal condition on signing a bond that certain other signatures shall be obtained, not available in defense unless known to obligee | 621 |
| The fact that a prior signature was forged is not available in defense | 621 |
| Defenses available against a bond given to secure a debt of another are available in action on a note given to extend the time of payment | 621 |
| A warrant of distress under Act May 15, 1820, has the effect of a judgment | 1147 |
| PRIZE. | |
| See, also, “War.” | |
| Jurisdiction. | |
| Jurisdiction and rules of decision in prize courts | 799, 808 |
| Prize court must decide the question of prize as to vessel captured and libelled as such though war not declared by congress | 7991218 |
| What constitutes prize. | |
| Slaves captured during Civil War are neither prize nor prisoners of war | 538 |
| The court must decide what shall be deemed enemy's country in determining the question of prize founded on hostile ownership | 799 |
| It is not personal hostility of owner, but his relation to the enemy, which determines the question of condemnation as enemy's property | 808 |
| Sailing under enemy's license is cause for forfeiture of neutral vessel | 524 |
| Captors entitled to freight if goods are carried to port of destination | 958 |
| Procedure. | |
| Construction of Act 1862. c. 50, for better administration of law of prize | 808 |
| Where capture is admitted on original evidence, further proof not allowed to create doubts | 357 |
| Production of evidence by captor | 1077 |
| Order and sufficiency of proof—Further proof | 958 |
| Practice as to the taking of additional proof in prize cases | 811 |
| The rule requiring the master and crew of the prize vessel to be produced as witnesses may be dispensed with where there is no means of complying therewith, and secondary evidence admitted | 71 |
| Proceedings in condemnation suspended to permit production of evidence | 71, 965 |
| Evidence showing actual hostile destination of vessel | 533 |
| Examination of witnesses confined to persons on board vessel at time of capture | 525 |
| Spanish papers found on board an American vessel do not prove double papers if no other marks of fraud appear | 1178 |
| Control and custody of property. | |
| Vessel proceeded against in prize, when need not be brought before court | 206 |
| Jurisdiction may be taken while property captured is lying in foreign neutral port | 1077 |
| Custody of prize pending examination of prisoners taken in her | 312 |
| Sale and distribution of proceeds. | |
| Order to sell cargo, denied when | 523 |
| Sale and distribution under decree of prize goods lying in foreign neutral port | 1077 |
| Who entitled as within “signal distance” to share in prize money | 1120 |
| Rules to determine the vessels entitled to share in the proceeds of a prize | 916 |
| Costs, etc. | |
| Costs, fees, and compensation | 992 |
| Commission of one-half of one per cent. allowed auctioneer on sale of prize cargo | 815 |
| Foreign decree. | |
| A decree of a foreign prize court is conclusive both as to the right established and fact decided | 1132 |
| Courts of U. S. will not, for purposes of retaliation, depart from fixed principles of the law of nations declaring decrees of foreign prize courts conclusive | 1132 |
| Various cases of condemnation or acquittal. | |
| Vessel and cargo condemned as enemy's property | 226,931 |
| Cargo condemned for violation of blockade | 72 |
| Vessel condemned for violation of blockade | 206 |
| Vessel and cargo condemned for violation of blockade | 201, 211, 303, 305, 925, 966, 967, 968 |
| Vessel and cargo condemned for attempt to violate blockade | 915, 966, 985, 1043, 1058 |
| Vessel and cargo condemned as enemy's property, and for violation of blockade | 253, 311, 909 |
| Vessel and cargo acquitted of violation of or attempt to violate blockade | 524, 525 |
| Vessel and cargo restored as neutral, but without costs | 1104 |
| PROCESS. | |
| Service upon duly-authorized officer of corporation is good though fraudulently concealed by him | 465 |
| PUBLIC LANDS. | |
| The “Donation Act” (1850) is a grant in praesenti, defeasible until conditions performed | 97 |
| The patent is only record evidence of the donee's right | 97 |
| Upon death of settler or his wife intestate, before patent issues, the estate vests in the survivor and children, or the heirs | 97 |
| One owning land in trust for another is not a “proprietor” disqualified to acquire right of pre-emption | 240 |
| Pre-emptor must actually reside on land until final proof and payment made | 240 |
| Right of pre-emption not an interest in land, but only right to be preferred as purchaser | 240 |
| Settler's wife dying before completion of residence under donation act has separate property which descends to her heirs | 370 |
| Actual settler only entitled to buy portion of quarter section upon which his improvements are made (14 St. 804) | 1161 |
| Person without showing right in himself cannot question right of others | 240 |
| A junior settler to whom the land office by erroneous construction of law issues a patent will be decreed to hold in trust for senior settler | 240 |
| Decisions of land office on questions of fact conclusive, in absence of fraud or mistake | 240 |
| A claim under the donation act need not be described by its boundaries | 370 |
| Boundaries of Armijo Mexican land grant | 1129 |
| RAILROADS. | |
| Agreement to sell tickets over connecting line in one direction does not give right to sell in opposite direction | 845 |
| A contractor's right to possession of road until its completion is subordinate to right of trustees of mortgage bondholders to possession given upon default in payment of interest | 465 |
| Right to foreclose railroad mortgage not affected by provision allowing trustee on default to take possession and operate road | 363 |
| Court may allow trustee to file bill of foreclosure, after suit by individual bondholder | 363 |
| Individual bondholder may bring foreclosure, where trustee improperly refuses | 363 |
| Provisions of railroad mortgage as to foreclosure suit | 363 |
| RECEIVERS. | |
| The court will not appoint a receiver of a railroad corporation where another circuit court having jurisdiction has appointed receivers | 281 |
| Default in payment of interest on railroad bonds for which trustee authorized to take possession of railroad property and operate it justifies appointment of receiver, regardless of question of insolvency | 465 |
| Imminent danger of forfeiture of railroad charter and land grant for failure to complete road justifies appointment of receiver on application of bondholders | 4651219 |
| Where appointment of receiver for railroad is not resisted because of concealment of service of notice of motion by officer, case will be reopened | 465 |
| RECORDING ACTS. | |
| Act 1766, c. 14, relates to estates at law only | 1091 |
| A contract to sell land or an equitable interest therein is not void for want of an acknowledgment or recording | 1091 |
| REMOVAL OF CAUSES. | |
| Right of removal. | |
| Act 1875 inapplicable to causes brought in territorial courts subsequently made state courts by enabling act | 753 |
| Affidavit of prejudice under Act March 2, 1867, not required for removal under Act July 27, 1866 | 511 |
| The right of removal cannot be defeated by the joinder as defendants of citizens of the same state with plaintiff against whom no relief is prayed | 1080 |
| Nonresident defendant may remove if there can be final determination without resident co-defendant (Act July 27, 1866) | 511 |
| Removal of ejectment suit by intervening nonresident landlord—Petition | 529 |
| Where a judgment in one suit would conclusively settle the controversy in others between the same parties, they are to be considered together in determining the jurisdictional amount | 840 |
| Time for removal. | |
| Application must be made at or before term in which cause could have been finally heard | 753 |
| Application may be made after new trial granted | 253, 892 |
| Proceedings to obtain. | |
| Petition for removal must state facts showing a removable cause | 828 |
| Averment of petition for removal of cause as arising under revenue laws | 40 |
| Cause will not be remanded because petition for removal unverified | 511 |
| Admission of service of rule to declare waives informality in removal | 40 |
| Certiorari and habeas corpus not required for removal | 40 |
| State court has no power to delay transfer of cause or review order of removal | 253 |
| Effect of removal: Subsequent procedure. | |
| The whole suit, and not a part only, must be removed on a proper case | 1080 |
| After removal of cause, judgment as in case of nonsuit may be entered on plaintiff's failing to declare, after notice of rule to declare | 40 |
| All rights and defenses under state laws are recognized by federal court | 259 |
| Action removed after issue joined must be tried on pleadings certified from state court | 259 |
| Revival. | |
| See “Abatement and Revival.” | |
| SALE. | |
| See, also, “Frauds, (Statute of.)” | |
| A clause in a bill of goods respecting deficiencies is inoperative where contract is previously complete | 512 |
| On a sale by sample exhibited in a sealed bottle, there is implied warranty that the goods correspond with its apparent qualities | 512 |
| A bill of sale on condition, having been recorded in the town where the purchaser represented that he resided, though he actually resided elsewhere, is valid as against his assignee in bankruptcy | 521 |
| SALVAGE. | |
| Jurisdiction. | |
| Jurisdiction of salvage cases in Florida | 658 |
| Court has jurisdiction in rem notwithstanding salvage services were performed under written contract | 183 |
| Right to salvage compensation. | |
| Upon recapture or rescue from enemy | 958 |
| When a vessel considered derelict or abandoned | 928 |
| Successful exertions by crew to avoid impending collision with another vessel not salvage services | 56 |
| Seamen can be salvors only when their connection with the ship is entirely broken | 1043 |
| A salvor accepting the agency of the property cannot be allowed salvage, but where he acts in good faith will be allowed commissions as agent | 58 |
| Where different salvors at different times render salvage service, each is entitled to compensation, though separate service of either would have been unavailing | 119 |
| Salvors rendering no service except to receive cargo about to be jettisoned by master to float ship, can claim only against such cargo | 283 |
| Awarded for keeping company with distressed vessel at her master's request | 464 |
| Not allowed to a passenger who superceded alleged incompetent master and brought vessel to port, facts alleged not being sustained by proof | 818 |
| First discoverers and bona fide possessors of a derelict have right to exclusive possession | 762 |
| But they must accept services offered by others where their force is insufficient to save derelict without great risk | 762 |
| To bar a claim for salvage services there must be an absolute agreement to pay a certain sum | 119 |
| Contract for salvage services will be disregarded if exorbitant or unreasonable or extorted through pressure of impending calamity | 183 |
| Other compensation. | |
| Crew assisting salvors by performing extraordinary labor in pumping, allowed extra compensation | 991 |
| Salvor entitled to compensation for services performed, though his conduct has been such as to forfeit all claim to salvage | 665 |
| An owner who was not aboard his vessel when it rendered services to another in peril and did not personally render services cannot claim salvage, but is entitled to compensation | 1128 |
| Forfeiture of salvage. | |
| Licensed wreckers must offer services to vessel in need, though not requested | 911 |
| Licensed wreckers only entitled to award for pilotage where salvage services resulted from lack of pilotage refused by them | 911 |
| Salvor forfeits salvage by neglecting to inform vessel of imminent and secret danger | 665 |
| Appropriation of salved property, though of trifling value, forfeits all compensation | 989 |
| Neglect to produce property resulting from mere thoughtlessness will not forfeit salvage | 989 |
| Intoxication of salvors and refusal to work forfeits compensation in part | 989 |
| Salvors who at a critical moment refuse to work or embarrass others forfeit all compensation | 9891220 |
| Compensation forfeited for neglect of duty increasing labors of others should be divided between them | 989 |
| Compensation forfeited for wrongful appropriation should be paid to claimants | 989 |
| Amount. | |
| The risk to a steam tug being very light, salvage is fixed accordingly | 431 |
| Moiety allowed where value small and property saved from inevitable destruction | 991 |
| Award not increased by unnecessary employment by salvor of other vessels | 323 |
| Salvors entitled to liberal compensation for saving vessel abandoned by crew notwithstanding incompetency or bad faith by master | 978 |
| Salvor only undertakes to exercise ordinary skill and diligence | 431 |
| A salvor not guilty of an intentional tort in selling salved property is liable to the owner only for salvage received | 665 |
| Decree of district court fixing amount controlling on appeal unless error clearly shown | 931 |
| Salvors allowed 35 per cent of dry cargo and 50 per cent of wet cargo | 252 |
| Salvors allowed 25 per cent of cargo saved uninjured and 50 and 60 per cent of damaged portions | 596 |
| Salvors allowed on cargo of sugar 27 percent of portion saved dry and 42 per cent of injured portion | 1077 |
| Salvors allowed $13,000 on property saved valued at $70,000 | 119 |
| Salvors entitled to $23,500 for cargo valued at $30,000 about to be jettisoned by master to float ship and received by salvors who stayed by ship and helped at pumps | 283 |
| Salvors allowed 45 per cent of proceeds of sale of cargo saved from ship burning at anchorage | 305 |
| Salvors allowed $2,500 for carrying out anchors for grounded ship worth $20,000 | 323 |
| Salvors allowed $2,600 on vessel worth $11,000 saved by 20 salvors in 2 hours' time | 978 |
| Owner awarded $50 for towing schooner from slip on fire | 1128 |
| For towing to place of safety, disabled steam ship worth $47,000, steam tug allowed $5,000 | 431 |
| Salvors allowed $6,000 for bringing into port bring abandoned 50 miles from Sandy Hook, worth with cargo $30,000 | 928, 931 |
| Remedies for recovery. | |
| Salvage paid by master of whaler acting with prudence and in good faith is a charge upon the oil binding on the crew | 1043 |
| Nonjoinder of the crew in a suit for salvage by the master and owner of the salvor is not objectionable, in the absence of personal danger and extraordinary hardships | 183 |
| Pleadings on a libel for salvage | 119 |
| Value of goods saved depreciating from time to be ascertained at time of filing libel where salvors refused to deliver property to owners and delayed filing bill | 312 |
| Apportionment. | |
| Rule where there are separate sets of salvors | 312 |
| Where master of salvor sailing on shares | 928 |
| Wrecking vessel is deemed to have “arrived,” within rule 4 of the Florida district, when within hailing distance, ready to receive and obey orders | 57 |
| SEAMEN. | |
| Contract of shipment. | |
| Term “voyage” imports a definite commencement and end, and not controlled by term “elsewhere” | 1004 |
| Shipping articles construed as to length of voyage | 72 |
| Stipulations in derogation of general rights void unless fully explained and additional compensation allowed | 535 |
| Services required. | |
| Cook may be required to perform service as seaman | 472 |
| Seamen not bound to assist in unloading cargo at final port of destination unless so contracted in shipping articles, or required by custom of port | 983 |
| A deserting seaman, who secretes himself on board after another is shipped in his place, may be required to perform seaman services | 472 |
| Conduct of master in respect to seamen. | |
| Master liable for failure to protect seamen from violence of officers | 845 |
| Seamen may be moderately corrected by master | 206 |
| To justify punishment for refusal to perform work required, master must show that seaman was capable of performing the work | 472 |
| Master not justified in imprisoning seamen in foreign jail for discipline, unless there is danger in keeping them aboard | 1026 |
| Advice of consul will not justify master in illegally imprisoning seamen in foreign jail, or deprive seamen of remedy | 1026 |
| Where master acting in good faith sells effects of seamen separated from ship, it is liable only for amount realized | 1060 |
| Wages—Right to. | |
| Wages fall with loss of cargo and freight | 138 |
| In the case of capture, seamen are entitled to wages only to day of condemnation | 1092 |
| Where freight is earned or damages recovered in lieu of freight, though inadequate, seamen are entitled to wages, except where the recovery is against insurers | 1092 |
| Where a portion of a vessel or cargo is saved by extraordinary exertions of seamen a new lien arises thereon for wages, though freight lost | 138 |
| Seamen may be disrated for incapacity but are entitled to reasonable wages | 555 |
| —Remedies for recovery. | |
| Wages are due when vessel is moored at final port of destination, and libel may be filed 10 days thereafter | 983 |
| Seamen in whaling service have no lien on the oil for their services | 1043 |
| Lien for wages not destroyed by sale of vessel during seizure by customs officers | 849 |
| In fixing quantum meruit for wages on whaling voyage, court may consider its unusual protraction and hardships | 474 |
| —Deductions; extinguishment, etc. | |
| Seamen not liable for board while unjustly detained in foreign jail by master | 1026 |
| Under 7 & 8 Vict. c. 112, § 7, there can be no deductions for absences admitted by seamen, unless noted in log book | 72 |
| Agreement to proceed on voyage beyond terms of shipment, good consideration for release of claims for deduction from wages | 72 |
| In libel in rem by mate for wages, court cannot investigate his conduct while temporarily in command of vessel as master | 248 |
| Willful misconduct not imputed to mate failing to rejoin master on island from which vessel is blown by stress of weather | 247 |
| Seaman in whaling service seperated from ship without fault entitled to wages and expenses of return to his country | 1060 |
| Justifiable discharge for bad conduct forfeits wages previously earned | 535 |
| Single act of disobedience, if trivial or provoked, will not justify discharge | 535 |
| Seamen are justified in leaving vessel for just fears for personal safety | 5551221 |
| Seamen unlawfully discharged or required to leave for personal safety from cruelty, entitled to full wages for voyage | 605 |
| Stealing part of cargo forfeits all wages | 365 |
| Acquittal of larceny of cargo not conclusive to rebut charge when set up in defense of wages | 365 |
| Sale of part of cargo by direction of mate during permanent absence of master, to procure necessary provisions, will not forfeit wages | 849 |
| SEIZURES. | |
| See “Admiralty;” “Customs Duties;” “Internal Revenue;” “Prize;” “War.” | |
| It is no abandonment of vessel seized for violation of customs laws to permit her master and crew to navigate to port | 26 |
| SET-OFF. | |
| Not admissible against a demand for taxes | 1068 |
| Damages paid by the drawer of a protested bill, being unliquidated, cannot be set off in an action against him by the acceptor | 1139 |
| An order on account of rent accepted by the landlord cannot be set off in replevin for goods distrained where the landlord produces it cancelled and offers to pay the costs in a suit upon it | 1106 |
| SHIPPING. | |
| See, also, “Affreightment;” “Bill of Landing;” “Charter-Parties;” “Forfeiture.” | |
| Public regulation: Title of vessel. | |
| Act 1866, directing issue of enrollment and license, is mandatory. Oath not necessary, and if false without effect | 52 |
| Evidence to prove forfeiture for violation of registry laws as to false ownership must be taken as a whole, and if it support claimant's case, he need not introduce evidence of ownership | 52 |
| Person swearing to registry and license of vessel estopped to deny truth of its recitals | 161 |
| Exemplified copy of record of naturalization sufficient prima facie proof of citizenship | 52 |
| A vessel licensed for the codfishery may be forfeited for engaging in transporting goods | 69 |
| Coasting vessel not forfeitable for carrying foreign goods without manifest | 606 |
| Title to vessel building, not to be fully paid for until completed and delivered, is in the builder | 28 |
| The title to a ship built in the United States for alien residents abroad passes like any other chattel without writing | 68 |
| Admiralty will order sale on application of half owners, on disagreement as to employment of vessel | 968 |
| Employment of vessels. | |
| Where shipper refuses to accept proper bills of lading as tendered, the owner may recover demurrage for delays in unloading caused by want of proper bills of lading | 552 |
| Vessel is liable for rotting of fruit unduly hastened by stowage which did not permit proper ventilation, though bill of lading excepts losses by inherent deterioration | 601 |
| Failure to adopt a system of ventilation, the efficacy of which is in dispute, will not render vessel liable for “sweating” of cargo | 187 |
| Burden is on libellant to show that injury to goods transshipped not appearing externally was caused on board vessel libelled | 193 |
| Carriers of passengers bound to utmost care in providing approach to vessel | 921 |
| The master. | |
| Contract of employment of captain construed to give him authority as master | 161 |
| Owners are liable for excess of authority used by master or crew of privateer | 765 |
| Mate becoming master during voyage not liable on contracts of predecessor | 1023 |
| Liabilities of vessel. | |
| Not liable to stevedore injured by imperfect tackle rigged by master for his own use in unloading | 1 |
| Liable for performance of contract for carrying passengers | 30, 35 |
| Liable for wrongful but not malicious act of master | 30 |
| Liable for short allowance to passenger if master's conduct not malicious | 30, 35 |
| Passenger voluntarily encountering a seen danger, guilty of contributory negligence | 921 |
| Liens—Generally. | |
| See, also, “Admiralty;” “Bottomry,” etc. | |
| Maritime liens do not depend upon possession | 937 |
| A stevedore has no lien enforceable in admiralty | 798, 1095 |
| Seller has no lien for materials sold generally to shipbuilder on credit without reference to particular vessel | 28 |
| No lien is given by general maritime law for materials furnished towards building a vessel | 1042 |
| —For advances. | |
| Advances made to relieve vessel in straitened circumstances presumed to be on credit of vessel | 48 |
| Testimony of person making advances to relieve vessel in straitened circumstances, as to his intent, is admissible | 48 |
| Advances to pay a debt which is a lien, constitute a lien | 1095 |
| Advances to release vessel from commonlaw attachment in a foreign port, not a lien on the vessel | 1095 |
| No lien upon vessel arises for loans made on pledge of freight | 593 |
| —For repairs and supplies. | |
| No lien arises for repairs or supplies to a domestic vessel | 288 |
| Whether vessel foreign or domestic depends upon residence of owners and not enrollment | 288 |
| Home port determined by residence of actual owners, irrespective of register and enrollment where material man not misled | 404, 405 |
| Right to lien on foreign vessel for supplies, not affected by local legislation | 68 |
| —Priority and enforcement. | |
| Liens of same rank paid out of proceeds in inverse order of dates of creation | 607 |
| Seamen's wages preferred to claims of material men | 607 |
| A mortgage lien is postponed to maritime liens given either by state or maritime law | 402 |
| Liens arising out of contracts of affreightment are inferior to liens of material men, bottomry lenders, etc. | 607 |
| Distribution of proceeds of vessel sailing under false colors with fraudulent nationality, as between owner of bottomry bond and mortgagee from fictitious owner | 45, 48 |
| Liens for damages by collision are of equal rank with those resting upon the necessities of the ship and hazards of the voyage | 607 |
| Consent to release a vessel from custody operates as a waiver of priority of claim as against subsequent libellant | 11051222 |
| Decrees of material men with costs should be paid in the order in which libels are filed | 170 |
| Master with knowledge of mortgage, allowing monthly wages to accumulate, not entitled to proceeds of vessel as against mortgagee | 161 |
| Creditor proceeding in rem is preferred to creditor who has not intervened or instituted proceedings until after final decree | 607 |
| But where fund still in court, decree may be opened under circumstances which would excuse a default | 607 |
| Notes taken for pilotage services must be surrendered up for benefit of claimant on enforcing lien | 1100 |
| Liens—Waiver, discharge, and extinguishment. | |
| Vessel is exonerated from any lien where creditor alone looked to personal responsibility of master or owner | 798 |
| Drawing a draft on owner for advances made to relieve vessel in straitened circumstances does not deprive owner of lien. | 48 |
| Taking mortgage as security for supplies furnished does not prevent enforcement of lien | 1095 |
| Taking a note for supplies no waiver of lien | 68 |
| Even from agent, unless principal has settled with agent to his prejudice | 68 |
| Lien for materials for construction not extinguished by credit which it is known will expire before completion of vessel | 1037 |
| Liens continue during reasonable time for enforcement | 178 |
| Claim for pilotage made 6 months after last service performed not stale as against bona fide purchaser without notice | 1100 |
| Lien not discharged by the making of a subsequent voyage where prosecution prevented by sudden departure | 849 |
| Departure of foreign vessel from state before arrest does not affect either the lien or the remedy | 68 |
| A lien in a collision case will not be enforced after change of ownership and delay of 20 months | 178 |
| —Under state statutes. | |
| Liens given by state laws cannot be enforced by process in rem (Rule 12) | 170 |
| Lien on domestic vessel is enforced subject to qualifications and limitations of local law | 408 |
| The libel must show that the lien was filed within the time required by the law giving it | 1042 |
| Lien for repairs during season on domestic boat making daily trips | 408 |
| Lien arises under New York statute for fuel furnished boat | 411 |
| Lien for supplies dates from time when furnished, and not from date of contract | 411 |
| Act Mass. 1848, c. 290, § 1, gives lien for materials actually used in construction of vessel | 1037 |
| SLAVES. | |
| Suit for freedom | 799 |
| Relief in equity in case of lost manumission | 408 |
| Jurisdiction to commit runaway slaves | 1045 |
| When entitled to freedom as imported for sale (Act Md. 1796) | 596 |
| STATES. | |
| A state in the exercise of its police powers cannot discriminate against citizens of a foreign treaty power | 213 |
| A state cannot be sued in its courts without its consent | 93 |
| Appearance of attorney general or district attorney without express authority of law does not give jurisdiction | 93 |
| Comp. L. Nev. § 2778, does not authorize the attorney general to appear for state generally in actions against officers in individual capacities, so as to bind state | 93 |
| STATUTES. | |
| The legislature of Oregon has power to confer on probate courts jurisdiction to compel specific performance by administrator of intestate vendor | 132 |
| Ordinary meaning of language is to be presumed to be intended unless it would manifestly defeat objects of the law | 1068 |
| Penal statute takes effect from time of passage when no other time is fixed | 926 |
| A later law does not repeal an earlier one unless so clearly repugnant as to imply a negative | 1100 |
| An action commenced on the day a law is repealed is within a saving clause of all actions commenced before the passage of the repealing act | 924 |
| TAXES. | |
| Want of uniformity in the application of a tax will not defeat it | 1068 |
| Deposits in a Pennsylvania savings bank made by a citizen of New Jersey, not subject to Pennsylvania collateral inheritance tax | 510 |
| A savings bank is not liable for the collateral inheritance tax on a deposit therein | 510 |
| Auditor's tax deed not evidence of title unless requisitions of law shown to have been complied with | 1187 |
| Effect of Rev. St. §§ 3172-3182, on settlements of income taxes | 1086 |
| TERRITORIES. | |
| The government and laws of the United States do not extend to territory ceded by a foreign power by the mere act of cession | 658 |
| The legal status of Florida under the treaty of cession and subsequent acts and the conflicting jurisdiction between federal and territorial courts | 658 |
| Admission of Colorado as a state and its effect upon the territorial courts and upon cases pending therein at the time of admission | 750 |
| TOWAGE. | |
| A tug is not a common carrier | 10 |
| A tug is bound to the degree of care and skill usually employed by careful navigators | 171 |
| A tug is not liable for a tow sunk when in ordinary and proper channel, by striking a single rock on the bottom, whose presence was not known to mariners and could not have been known by exercise of care | 600 |
| The tug must be extremely diligent to render assistance to tow in distress | 10 |
| Vessel in tow must keep in proper trim to follow tug, and steer accordingly | 431 |
| Tow cannot recover for injury from ice where tug gave due notice of danger and refused to take any responsibility | 399 |
| A tug whose master also acts as pilot and engineer is not properly manned | 1135 |
| A tug towing in narrow channel encountering blinding snow storm should anchor | 1135 |
| Burden is on libellant to prove negligent performance of contract | 171 |
| Liability for injury to schooner by striking on rocks in attempt of tug to wind her by means of an eddy and the current | 1711223 |
| When tug not liable to vessel in sterntier of tow, injured when leaving dock at night | 10 |
| TRADE–MARKS. | |
| The word “Eureka,” first used in a compounded fertilizer, will be protected | 429 |
| Use of “Apollinis” with representation of bow and arrow or anchor restrained as infringing trade mark of “Apollinaris” with representation of anchor | 1067 |
| TREATIES. | |
| The right to acquire territory by cession is incidental to treaty making power | 658 |
| TRIAL. | |
| Counter affidavits on motion for continuance, held admissible | 993 |
| Opposing creditor has affirmative of issue on trial of right to a discharge in bankruptcy | 1016 |
| Complainant in a bill to stay proceedings on a warrant of distress has the right to open and close | 1147 |
| Opinions of counsel not in practice may be quoted at the bar in court's discretion | 1027 |
| The waiver of an objection should be entered on the record with the objection | 719 |
| Additional proofs cannot be produced as to a point reserved for further argument | 10 |
| Dates fixed by records of court may be stated to jury as facts | 894 |
| Failure to furnish written instructions precludes counsel's objecting to court's statement as to instruction refused | 450 |
| A verdict upon an issue ordered by a court of equity is not final until adopted by the court | 448 |
| Verdict amended in replevin for goods distrained by stating amount of rent in arrears | 1106 |
| Trover. | |
| See “Conversion.” | |
| TRUST. | |
| A deed in satisfaction of precedent debt, under agreement that grantor should have surplus on resale, creates trust only in proceeds of sale | 374 |
| WAR. | |
| See, also, “Prize.” | |
| Alien enemies. | |
| A British subject domiciled in U. S., though temporarily absent in British territory, is an American merchant | 958 |
| The trade between Jamaica and Canada not national | 958 |
| Blockade and violation thereof. | |
| Powers of president in establishing blockades, and directing capture of hostile property | 799 |
| Owners of vessel, and generally owners of cargo, bound by violation of blockade by master | 1118 |
| Vessel confiscable for sailing to and running blockaded port under false clearance, after official proclamation | 180 |
| Effect of proclamation “relaxing blockade” | 533 |
| Capture. | |
| The president has power to direct the capture and destruction of the property of a hostile power making formidable war upon the United States, though war has not been declared by congress | 799 |
| An animus capiendi, and a submission, constitute a capture, though no prize crew put on board | 357 |
| Persons found on board a prize vessel are not subject to order of the court | 595 |
| Captors on public armed vessel have no title until distribution | 225 |
| Confiscation. | |
| Books intended for a public library will not be confiscated | 595 |
| The law as to conquests and confiscation of enemy's territory and property | 808 |
| Illegal trading. | |
| American vessel loading in enemy's port after knowledge of war declared, liable to confiscation for trading with enemy | 357 |
| Neutrality. | |
| National character depends upon domicile | 958 |
| Property shipped to become the property of the enemy is not protected by neutrality of shipper | 958 |
| Claim of neutral will be recognized only where he is in possession with right of retention | 811 |
| A neutral having made advances on cargo shipped to enemy correspondents under bill of lading to his own order, has a claim cognizable in a prize court | 811 |
| Vessel does not forfeit neutral character by hoisting foreign flag in conformity to trade regulations | 1178 |
| WHARFAGE. | |
| An Erie canal boat employed about New York harbor is not a boat “navigating the canals of this state” within Act N. Y. May 6, 1870 | 987 |
| WILLS. | |
| The common-law distinction between wills of realty and wills of personalty does not obtain in California | 102 |
| The custom in California under the Mexican government authorizing two witnesses to a will, operated as a repeal of the law requiring three witnesses | 102 |
| The title of office added by a ministerial officer attesting a will may be disregarded, and he be considered an attesting witness | 102 |
| Witnesses ignorant of language in which a will is drawn, not interpreted, are incompetent | 102 |
| An unprobated will executed in California under the Mexican government is not a nullity, and its due execution may be proved to sustain title to property thereunder | 102 |
| A will is to be construed under the law as existing at the time of testator's death | 158 |
| Devise of property in Third street may be explained to mean property in Fourth street | 486 |
| Proceeds of mortgages identified in lands will pass under a devise of “proceeds” of such mortgages which were foreclosed before testator's death | 621 |
| Devise construed to give a fee simple conditional and not a fee tail, and rules by which such devises determined | 16 |
| Vested and contingent remainders, how determined | 1170 |
| Annuities charged on real and personal estate will be paid out of personalty if there is sufficient to pay both annuities and legacies not specially charged | 521 |
| Otherwise the legatees will be subrogated to annuitants already paid out of personalty | 5211224 |
| WITNESSES. | |
| Wife of bankrupt is competent as to facts affecting his estate | 831 |
| Neither the inventor nor a person interested in a patent if issued are competent in an interference case | 1072 |
| Rule as to privileged communications does not extend to student in attorney's office | 899 |
| Attorney of bankrupt cannot add to his oath as a witness reservation as to privileged communications | 82 |
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