The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity

The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity : From the Year 1785, as Are Still of Practical Utility Volume 122

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...could not be maintained. Again, it appears that Slate 8: Co., part-owners and ship's husbands of the ship, had very extensive repairs done to the ship before she left New York on her voyage to Mobile, for the purpose of coming from Mobile to Liverpool, and they had accepted bills of' exchange drawn by tradesmen by whom the repairs were done. They have accepted these bills to the amount, I think, of somewhere about 10,000 dollars; but they have stopped payment, and these bills, as the case stands before us at present, are unpaid. Now here another question arises: is, or is not, the captain liable for these bills? or may, or may not, the ship be arrested when it comes within the jurisdiction of the Courts of America, for the purpose of paying the expenses incurred in those repairs? It is said that they are not liable, for that Slate &'. Co. have given bills which were accepted by the creditors in discharge of the liability to which the captain and ship would otherwise be subject. That, as I view the case, is a question of American law, and no evidence as to the law of America on this point has been given by the plaintifis. The captain swears that he believes that both he and the ship are liable, and we cannot, in the absence of evidence to the contrary, assume in the face of this affidavit, though not made by an expert, that, according to the law of America, they are not liable. It is said that there are decisions of the American Courts to that effect, but we cannot take upon ourselves to determine from American authorities what is the law of America. What that law is can only be tried here as a question of fact. What, then, is the result of this case? The result, in the first instance, as I think, is, that the injunction...show more

Product details

  • Paperback | 432 pages
  • 189 x 246 x 22mm | 767g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236883519
  • 9781236883513