A Treatise on the Law of Marine Insurance and General Average, Volume 1

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Little, Brown,, 1868 - Average

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Page 544 - 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 146 - ... or in any manner to add to, or subtract from, or vary or qualify the terms of it, and thus to make a new contract ; which is to be proved, partly by the written agreement, and partly by the subsequent verbal terms engrafted upon what will be thus left of the written agreement.
Page 544 - 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 505 - The first is, that where the risk has not been run, whether its not having been run was owing to the fault, pleasure, or will of the insured, or to any other cause, the premium shall be returned ; because a policy of insurance is a contract of indemnity.
Page 162 - To be interested in the preservation of a thing is to be so circumstanced with respect to it as to have benefit from its existence, prejudice from its destruction.
Page 405 - Whether the party thus misrepresenting a fact knew it to be false, or made the assertion without knowing whether it were true or false, is wholly immaterial; for the affirmation of what one does not know, or believe to be true, is equally, in morals and law, as unjustifiable as the affirmation of what is known to be positively false.
Page 352 - ... the ships and vessels belonging to the citizens of the other must be furnished with sealetters or passports expressing the name, property, and bulk of the ship, as also the name and place of habitation of the master or commander...
Page 135 - The construction of all writtel1 contracts belongs to the court alone, whose duty it is to construe all such instruments, as soon as the true meaning of the words in which they are couched, and the surrounding circumstances, if any, have been ascertained as facts by the jury...
Page 20 - An act further to suspend the commercial intercourse between the United States and France and the dependencies thereof...
Page 39 - The defendants must be considered in law as making. during every instant of the time their letter was travelling, the same identical offer to the plaintiffs, and then the contract is completed by the acceptance of it by the latter.

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