A Treatise on the Law of Marine Insurance and Average: With References to the American Cases, and the Later Continental Authorities, Volume 1C.C. Little and J. Brown, 1849 - Average (Maritime law) |
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Page 49
... court of justice must produce a stamped policy . ( u ) An underwriter , whose name stood first in the policy itself , in order to avail himself of a representation made to another underwriter , whose name , in the policy , stood after ...
... court of justice must produce a stamped policy . ( u ) An underwriter , whose name stood first in the policy itself , in order to avail himself of a representation made to another underwriter , whose name , in the policy , stood after ...
Page 51
... court of equity , in a very strong even after sub- clear case , with- out consent of parties . The following is the only well authenticated instance in Case in which which the court has actually exercised this power . a court of equity ...
... court of equity , in a very strong even after sub- clear case , with- out consent of parties . The following is the only well authenticated instance in Case in which which the court has actually exercised this power . a court of equity ...
Page 52
... court refused to exercise this power . This power is confined to courts of equity , and cannot be exercised in courts of law . been filled up from a label , signed by the agent of the assured , and two of the directors of the company ...
... court refused to exercise this power . This power is confined to courts of equity , and cannot be exercised in courts of law . been filled up from a label , signed by the agent of the assured , and two of the directors of the company ...
Page 53
... court of law . themselves , however , may troduce into policies any al- by consent , in- terations , even after execution , subject only to Although it be true , however , that a court of law The parties cannot receive parol evidence to ...
... court of law . themselves , however , may troduce into policies any al- by consent , in- terations , even after execution , subject only to Although it be true , however , that a court of law The parties cannot receive parol evidence to ...
Page 63
... court held he could not recover on that either . ( m ) Lord Ellenborough said , " That the altered policy , though ineffectual as an instrument to sue on , was effec- tual to do away with the former agreement , which was thereby ...
... court held he could not recover on that either . ( m ) Lord Ellenborough said , " That the altered policy , though ineffectual as an instrument to sue on , was effec- tual to do away with the former agreement , which was thereby ...
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Common terms and phrases
action agent alien enemy alteration amount arrival assured Benecké bill of lading Bingh bottomry Boulay-Paty Camp Campb capture cargo chap charter-party cited clause commence Comp consignees contract course court held Crawfurd declaration deviation domicil Dougl East effecting the policy Emerigon foreign form of policy freight homeward hostile ibid indemnity inserted insurable interest insurance broker intended Kent's Comm liable liberty Lloyd's loading London Lord Denman Lord Eldon Lord Ellenborough Lord Kenyon Lord Mansfield Lord Tenterden Marine Insurance master Maule & Sel mercantile merchant mode open policy owner paid parties perils Phillips plaintiffs principle private underwriters procure profits purpose racter re-insurance recover residence returns of premium risk rule sail sect ship's shipowner stamp acts subject insured subject of insurance sum insured surance Taunt terest terminus tion touch and stay trade tranship usage valuation valued policy voyage insured wager whole words writer
Popular passages
Page 21 - Be it known that as well in own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all...
Page 22 - Corn, fish, salt, fruit, flour, and seed are warranted free from average, unless general, or the ship be stranded — sugar, tobacco, hemp, flax, hides and skins are warranted free from average, under five pounds per cent, and all other goods, also the ship and freight, are warranted free from average, under three pounds per cent unless general, or the ship be stranded.
Page 416 - ... the said ship, or the master thereof, is or shall be named or called; beginning the adventure upon the said goods and merchandises from the loading thereof aboard the said ship upon the said ship, &c.
Page 65 - ... as by the known usage of trade or the like, acquired a peculiar sense distinct from the popular sense of the same words; or unless the context evidently points out that they must, in the particular instance and in order to effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense.
Page 21 - ... of the seas, men of war, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and counter-mart, surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever, barratry of the master and mariners, and of all other perils, losses, and misfortunes that have or shall come to the hurt, detriment, or damage of the said goods and merchandises and ship, &c., or any part thereof.
Page 30 - Ship, or by whatsoever other Name or Names the same Ship, or the Master thereof, is or shall be named or called...
Page 210 - ... upon any kind of Goods and Merchandises, and also upon the Body, Tackle, Apparel, Ordnance, Munition, Artillery, Boat and other Furniture, of and in the good Ship or Vessel...
Page 35 - And so we the assurers are contented, and do hereby promise and bind ourselves each one for his own part, our heirs, executors, and goods to the assured, their executors, administrators, and assigns for the true performance of the premises, confessing ourselves paid the consideration due unto us for this assurance by the assured...
Page 22 - And it is agreed by us the insurers that this writing or policy of assurance shall be of as much force and effect as the surest writing or policy of assurance heretofore made in Lombard Street or in the Royal Exchange or elsewhere in London.
Page 656 - a ship was insured " at and from Honfleur to the Coast of Angola; during her stay and trade there, and at and from thence to her port or ports of discharge in St. Domingo, and at and from St. Domingo back again in Honfleur,