 | Sir James Allan Park - Bottomry - 1799 - 664 pages
...an indemnity. This a&ic-n then mull be founded upon the nature of his damnification, as as it raally is, at the time the action is brought. It is repugnant,...common law of England adopts it, though inclined to ftri£r.nefs. The tenant is obliged to indemnify his lord from wafte ; but if t;he tenant do, or fuffer... | |
 | Great Britain. Court of King's Bench, Edward Hyde East - Law reports, digests, etc - 1808 - 532 pages
...all." " Whatever undoes the damnifica" tion in the whole, or in part, muft operate upon the in" demnity in the fame degree. It is a contradiction in terms, " to bring an action for indemnity, where, upon the whole " event, no damage has been fuftained." Upon this ground, therefore, that the... | |
 | James Allan Park - Bottomry and respondentia - 1809 - 924 pages
...damnification in truth is an average, or perhaps no lofs at " all. Whatever undoes the damnification in the whole, or in " part, muft operate upon the indemnity...degree. " It is a contradiction in terms to bring an a£lion for indemnity " where, upon the whole event, no damage has been fuftained." Upon this ground,... | |
 | Thomas Arnold - Marine insurance - 1822 - 1008 pages
...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...indemnity, when, upon the whole event, no damage has been sustained. " In the present case, the notion of a vested right in the plaintiff to sue as for a total... | |
 | Wendell Phillips - Insurance law - 1823 - 572 pages
...obstruction. Whatever undoes the damnification in whole or in part, must operate on the indemnity in the same degree. It is a contradiction in terms to bring an...indemnity, when, upon the whole event, no damage has been sustained. It is impossible that a man should desire to abandon in a case circumstanced like the present,... | |
 | Charles Babbage - Insurance companies - 1826 - 392 pages
...undoes the damnification, in " the 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, where upon the whole event no " damage has been sustained." Upon this ground, therefore, that the plaintiffs... | |
 | Frederick Blayney - Life insurance - 1837 - 326 pages
...undoes the damnification in the 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, where, upon the " ' whole event, no damage has been sustained.' " Upon this ground, therefore, that... | |
 | John William Smith - 1840 - 530 pages
...Whatever undoes the damnification in the 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, where, upon the whole event, no damage has been sustained." Upon this ground, therefore, that the plaintiffs... | |
 | John William Smith - Law reports, digests, etc - 1842 - 612 pages
...Whatever undoes the damnification in the 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, where, upon the whole event, no damage has been sustained." Upon this ground, therefore, that the plaintiffs... | |
 | Francis Hildyard - Insurance law - 1845 - 894 pages
...aU. 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...indemnity, when, upon the whole event, no damage has been sustained. The reason is so much founded in sense and the nature of the thing, that the common law... | |
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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. 
