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 46
... voyage insured , and that the plaintiffs were then and from thence until and at the time of the loss aftermentioned , interested in the said goods and in the pro- fits expected to be made thereon , to the amount for the money insured on ...
... voyage insured , and that the plaintiffs were then and from thence until and at the time of the loss aftermentioned , interested in the said goods and in the pro- fits expected to be made thereon , to the amount for the money insured on ...
Page 96
... voyage insured . ” I shall first mention some authorities to shew how strongly voyage insured . the Judges have always spoken when the question of the " seaworthiness " of the ship at the time of the insurance has come into controversy ...
... voyage insured . ” I shall first mention some authorities to shew how strongly voyage insured . the Judges have always spoken when the question of the " seaworthiness " of the ship at the time of the insurance has come into controversy ...
Page 99
... ship in question , at the time of underwriting the policy , and long before , had been entered in such register ; and , previous to her last outward - bound voyage , had been surveyed by one Thomas Whitewood , who was then employed by ...
... ship in question , at the time of underwriting the policy , and long before , had been entered in such register ; and , previous to her last outward - bound voyage , had been surveyed by one Thomas Whitewood , who was then employed by ...
Page 106
... ship sail upon a voyage , and in a day or two become leaky and founder , or is obliged to return to port without any storm , or visible or adequate cause to produce such an effect , the presumption is , that she was not " seaworthy ...
... ship sail upon a voyage , and in a day or two become leaky and founder , or is obliged to return to port without any storm , or visible or adequate cause to produce such an effect , the presumption is , that she was not " seaworthy ...
Page 107
... ship , in fact , is not seaworthy , the underwriter fact , and the the voyage insured . It is not necessary to inquire whether the owner acted honestly or fairly in the transaction : for it is clear law that , however just or honest the ...
... ship , in fact , is not seaworthy , the underwriter fact , and the the voyage insured . It is not necessary to inquire whether the owner acted honestly or fairly in the transaction : for it is clear law that , however just or honest the ...
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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...