A System of the Law of Marine Insurances: With Three Chapters on Bottomry, on Insurances on Lives, and on Insurances Against Fire"With three chapters on bottomry, on insurances on lives, and on insurances against fire."--T.p. |
From inside the book
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Page 467
... ibid . 143 The right to abandon must depend on the nature of the cafe at the time of the action brought , or at the time of the offer to abandon ; and therefore if , at the time advice is received of the lofs , it appears that the peril ...
... ibid . 143 The right to abandon must depend on the nature of the cafe at the time of the action brought , or at the time of the offer to abandon ; and therefore if , at the time advice is received of the lofs , it appears that the peril ...
Page 468
... ibid . Action . An action on the cafe lies against an agent for not having infured agree- ably to the orders of his principal . * 303 note ( a ) The only difference between this action , and that on the policy against the un- derwriters ...
... ibid . Action . An action on the cafe lies against an agent for not having infured agree- ably to the orders of his principal . * 303 note ( a ) The only difference between this action , and that on the policy against the un- derwriters ...
Page 469
... ibid . A fentence of fuch a court cannot be controverted collaterally in a civil fuit . 356 If it appear evident that the fentence proceeded upon the ground of the pro- perty not being neutral , that is cont- clufive evidence against ...
... ibid . A fentence of fuch a court cannot be controverted collaterally in a civil fuit . 356 If it appear evident that the fentence proceeded upon the ground of the pro- perty not being neutral , that is cont- clufive evidence against ...
Page 470
... ibid . make the act of throwing goods over- board legal : 1ft , That what is fo condemned to deftruction , be in con- fequence of a deliberate and volun- tary confultation between the master and men . 2d , That the fhip be in diftrefs ...
... ibid . make the act of throwing goods over- board legal : 1ft , That what is fo condemned to deftruction , be in con- fequence of a deliberate and volun- tary confultation between the master and men . 2d , That the fhip be in diftrefs ...
Page 471
... ibid . So where a fhip is obliged to go into port for the benefit of the whole con- cern , the charges of loading and un- loading , and the wages and provisions of the workmen hired for the repairs , are a general average . 126 Diamonds ...
... ibid . So where a fhip is obliged to go into port for the benefit of the whole con- cern , the charges of loading and un- loading , and the wages and provisions of the workmen hired for the repairs , are a general average . 126 Diamonds ...
Other editions - View all
A System of the Law of Marine Insurances: With Three Chapters on Bottomry ... James Allan Park No preview available - 2015 |
A System of the Law of Marine Insurances. with Three Chapters on Bottomry ... James Allan Park No preview available - 2018 |
Common terms and phrases
abandon act of parliament action affured againſt alfo alſo anfwer arifing arrived average barratry becauſe bottomry cafe captain capture cargo caſe caufe cauſe circumftances confequence confideration confidered conftruction contract convoy courſe court damage decifion declared defendant diſcharged England eſtabliſhed expence fafe faid failed falvage fame faved feems fentence fhall fhew fhip fhould firft flated fome fpecial France fraud freight ftated ftatute ftranding fubject fuch fufficient fured happened himſelf ibid inferted inſurance intereft Jamaica Juftice jury liable loffes loft London Lord Mansfield loſs mafter merchants muft muſt neceffary obferved occafion Oleron opinion owner paid partial lofs parties perfon plaintiff policy of infurance port prefent premium provifions purpoſe queftion reaſon recover refpect rifk riſk ſaid ſhall ſhe ſhip ſtated ſuch thefe theſe thofe thoſe tion total lofs trade trial ufage ufual underwriter unleſs uſe veffel verdict Vide void voyage warranty
Popular passages
Page 443 - 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 445 - Lord by the Grace of God of Great Britain, France, and Ireland, King, Defender of the Faith, and fo forth, and in the Year of our Lord One thoufand feven hundred and...
Page 443 - ... they are of the seas, men of war, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and countermart, surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever...
Page 449 - SECTION 21. And be it further enacted, That, in order to avoid misconstruction, it is hereby declared to be the true intent and meaning of this act, so far as the question of slavery is concerned, to carry into practical operation the following propositions and principles, established by the compromise measures of 1850, to wit:
Page 445 - Pounds of good and lawful Money of Great Britain, to be paid to...
Page 444 - 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...
Page 176 - Good faith forbids either party by concealing what he privately knows, to draw the other into a bargain, from his ignorance of that fact, and his believing the contrary.
Page 154 - Whatever undoes the damnification, in whole or in part, must operate upon the indemnity in the same degree. It is a contradiction in terms, to bring an action for indemnity, when, upon the whole event, no damage has been sustained.
Page 154 - The plaintiff's demand is for an indemnity. His action, then, must be founded upon the nature of his damnification, as it really is, at the time the action is brought. It is repugnant, upon a contract of indemnity, to recover as for a total loss, when the final event has decided that the damnification, in truth, is an average, or perhaps no loss at all.
Page 449 - Witness whereof the said corporation have caused their common seal to be hereunto affixed, the day of in the year of the reign of our sovereign lord by the grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith, &c.