A System of the Law of Marine Insurances: With Three Chapters on Bottomry; on Insurances on Lives; and on Insurances Against Fire. By James Allan Park, ... |
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Page 52
... charter party . These charter parties , being printed , are matter of publick notoriety ; and are fo generally and univerfally known , or may be fo , by an en- quiry at the India Houfe , that the chance of her ftay is always one of the ...
... charter party . These charter parties , being printed , are matter of publick notoriety ; and are fo generally and univerfally known , or may be fo , by an en- quiry at the India Houfe , that the chance of her ftay is always one of the ...
Page 53
... charter party was in the ufual printed form , and contained a claufe , empowering the company's fervants abroad to detain the fhip a year longer , if they pleafed , than the time origi- nally limited by the charter party . The infu ...
... charter party was in the ufual printed form , and contained a claufe , empowering the company's fervants abroad to detain the fhip a year longer , if they pleafed , than the time origi- nally limited by the charter party . The infu ...
Page 54
... charter party would expire on the eleventh of February 1764 , but that the prefident and council , finding it expedient to detain the fhip in India , and being defirous of having the time limited in the charter party prolonged , & c ...
... charter party would expire on the eleventh of February 1764 , but that the prefident and council , finding it expedient to detain the fhip in India , and being defirous of having the time limited in the charter party prolonged , & c ...
Page 55
... charter party : and yet her continuance " in the East - Indies depended upon all these facts . " If they ought neceffarily to be difclofed , the policy was void , to the knowledge of the un- " derwriters , at the time they took the ...
... charter party : and yet her continuance " in the East - Indies depended upon all these facts . " If they ought neceffarily to be difclofed , the policy was void , to the knowledge of the un- " derwriters , at the time they took the ...
Page 89
... charter party on board . The captain of the Thetis an- fwered thefe two grounds : ft . that he refifted and fired , because the Spaniard hailed him under falfe colours : 2dly . that he had taken the goods on board by the piece , and had ...
... charter party on board . The captain of the Thetis an- fwered thefe two grounds : ft . that he refifted and fired , because the Spaniard hailed him under falfe colours : 2dly . that he had taken the goods on board by the piece , and had ...
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Common terms and phrases
abandon action affurance againſt alfo alſo anfwer arifing arrived barratry becauſe bottomry cafe captain capture cargo caufe cauſe charter party circumftances commerce confequence confideration confidered contract convoy courfe court damage decifion declaration defendant difcharged enemy England eſtabliſhed expence exprefs fafe faid faid fhip failed falvage fame faved feems fentence fhall fhew fhip fhould firft fome France fraud freight ftated ftatute fubject fuch fufficient fuftained fugars fured happened himſelf ibid iffue inferted infu inſurance intereft Jamaica Juftice jury laft liable loffes loft London Lord Mansfield mafter merchants muft muſt neceffary neral obferved occafion Oleron opinion owner paid partial lofs parties perfon plaintiff policy of infurance port prefent premium purpoſe queftion reafon recover refpect rifk riſk ſhall ſhe ſhip ſtated thefe theſe thofe thoſe tion total lofs trade trial ufage ufual underwriter uſed veffel verdict Vide void voyage warranty whofe
Popular passages
Page 523 - 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 524 - ... 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 207 - 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 524 - ... 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 498 - ... with the fever ; and that the want of retention was not a disorder which shortened life...
Page 524 - 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 525 - Pounds of good and lawful Money of Great Britain, to be paid to...
Page 523 - ... until she hath moored at anchor twenty-four hours in good safety; and upon the goods and merchandises, until the same be there discharged and safely landed.
Page 524 - Ship, &c., or any part thereof ; and in case of any Loss or Misfortune it shall be lawful to the Assured, their Factors, Servants, and Assigns, to sue, labour, and travel for, in, and about the Defence, Safeguard, and Recovery of the said Goods, Merchandises, and Ship, &c. , or any part thereof, without prejudice to this Insurance ; to the charges whereof we, the Assurers, will contribute each one according to the rate and quantity of his sum herein assured.
Page 207 - ... is a fraud, and therefore the policy is void. Although the suppression should happen through mistake, without any fraudulent intention; yet still the underwriter is deceived, and the policy is void; because the risque run is really different from the risque understood and intended to be run, at the time of the agreement.