A Treatise on the Principles of the Law of Marine Insurance: In Two Parts. I.--On the Contract Itself, Between the Assured and the Assurer. II.--Of the Causes which Vacate that Contract. 2.--In what Cases the Assured is Entitled to Recover Back the Consideration Paid by Him? 3.--And, Lastly, what is the Remedy, Provided by the Law, for Either Party Against the Other, Volume 644 |
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Page 8
... held by the Court of Common Pleas that it was necessary for the plaintiff to prove that M'Ghie and Page were his agents . Upon this act it has also been held that it is not necessary , where a policy is made by an agent , to add the ...
... held by the Court of Common Pleas that it was necessary for the plaintiff to prove that M'Ghie and Page were his agents . Upon this act it has also been held that it is not necessary , where a policy is made by an agent , to add the ...
Page 9
... held at nisi prius , that an allegation , both in the policy and the declaration , that the policy was made for the plaintiffs by the firm A. B. C. , was satisfied by proof that it was made by the firm A. & B. , there being two firms ...
... held at nisi prius , that an allegation , both in the policy and the declaration , that the policy was made for the plaintiffs by the firm A. B. C. , was satisfied by proof that it was made by the firm A. & B. , there being two firms ...
Page 19
... held that the master's clothes , or The master's the ship's provisions , do not come under the term " goods ; " ship's provi- nor " goods " lashed on deck , unless sanctioned by usage . In the case of Ross v . Thwaite , Sit . after Hil ...
... held that the master's clothes , or The master's the ship's provisions , do not come under the term " goods ; " ship's provi- nor " goods " lashed on deck , unless sanctioned by usage . In the case of Ross v . Thwaite , Sit . after Hil ...
Page 40
... held to be a good insu- rable interest . goods insured were , and should be valued at five tierces of coffee , valued at 271. per tierce , say , 1357 .; the policy to be a sufficient proof of interest , " it was held that the policy was ...
... held to be a good insu- rable interest . goods insured were , and should be valued at five tierces of coffee , valued at 271. per tierce , say , 1357 .; the policy to be a sufficient proof of interest , " it was held that the policy was ...
Page 57
... held that a statement in a case reserved that the insurance was on account of the captors , precluded the consideration whether a count in the declaration could be sustained , averring the interest to be in the Crown and therefore in ...
... held that a statement in a case reserved that the insurance was on account of the captors , precluded the consideration whether a count in the declaration could be sustained , averring the interest to be in the Crown and therefore in ...
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Common terms and phrases
abandonment action afterwards agent amount appeared arrived assured average loss averred barratry benefit bill of lading bottomry broker captain capture charter-party Chief Justice circumstances commencement condemnation considered contract convoy Court of Admiralty Court of King's crew damage decision declaration defendant deviation discharged East effect enemy evidence fact fraud freight French ground Guildhall happened held homeward indemnity insurable interest Jamaica judgment King's Bench liable Liverpool loading London Lord Chief Justice Lord Denman Lord Ellenborough Lord Kenyon Lord Mansfield Lord Tenterden Lordship lost master ment merchant neutral nonsuit opinion owner paid Park parties perils insured person plaintiff plea policy of insurance port premium principle prize question received repairs risk Royal Exchange rule says seaworthy sentence ship and cargo ship sailed ship's stranded taken tion total loss trade tranship trial underwriters usage valued policy verdict vessel void voyage insured warranty whole words writers
Popular passages
Page 1 - 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 ix - 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 vii - 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...
Page 186 - ... as by the known usage of trade, or the like, acquired a peculiar sense, distinct from the popular sense of the same words...
Page 184 - ... until the same be there discharged and safely landed ; and it shall be lawful for the said ship, &c., in this voyage to proceed and sail to and touch and stay at any ports or places whatsoever without prejudice to this Insurance.
Page 190 - A rule having been obtained calling on the plaintiff to shew cause why the verdict should not be set aside, and a new trial had...
Page 350 - 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 35 - interest or no interest," or "without further proof of interest than the policy itself," or "without benefit of salvage to the insurer...
Page 822 - ... 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 822 - Touching the adventures and perils which we the assurers are contented to bear and do take upon us in this voyage: 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...