A Treatise on the Law of Insurance |
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Page 39
... ground that an action it led to the introduction of indecent testimony , by which the al . v . Ham- character and peace of mind of a third person would be affect- Cowp . 737 . ed . ( 5 ) This policy was a wager , the opinion did not ...
... ground that an action it led to the introduction of indecent testimony , by which the al . v . Ham- character and peace of mind of a third person would be affect- Cowp . 737 . ed . ( 5 ) This policy was a wager , the opinion did not ...
Page 40
... ground that Lord Mansfield said , ' though every man had an interest in the events ford v . Beard , of war and peace , yet he doubted whether that was an insur- ( 3 ) Mollison able interest . ' ( 3 ) ( 1 ) Le Pypre v . Farr , 2 Vern ...
... ground that Lord Mansfield said , ' though every man had an interest in the events ford v . Beard , of war and peace , yet he doubted whether that was an insur- ( 3 ) Mollison able interest . ' ( 3 ) ( 1 ) Le Pypre v . Farr , 2 Vern ...
Page 46
... ground of the opinion being , that as the assured was owner of the and had a contract to supply the army , if the cargo cargo , arrived , his profits were pretty certain . ' ( 4 ) ( Insurance being effected ' on profits valued at 4001 ...
... ground of the opinion being , that as the assured was owner of the and had a contract to supply the army , if the cargo cargo , arrived , his profits were pretty certain . ' ( 4 ) ( Insurance being effected ' on profits valued at 4001 ...
Page 48
... ground , therefore , I am clearly of opinion that the assured had an insurable interest . ' The other judges gave substantially the same opinion . ( 2 ) But Lord Eldon ' If the Omoa case was decided upon the says , expectation of a ...
... ground , therefore , I am clearly of opinion that the assured had an insurable interest . ' The other judges gave substantially the same opinion . ( 2 ) But Lord Eldon ' If the Omoa case was decided upon the says , expectation of a ...
Page 49
... ground that neither the commissioners , nor the king , nor the captors , nor any others in whose behalf the commissioners had authority to insure , had an insurable interest . The first argu- ments were made in 1798 in the court of ...
... ground that neither the commissioners , nor the king , nor the captors , nor any others in whose behalf the commissioners had authority to insure , had an insurable interest . The first argu- ments were made in 1798 in the court of ...
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Common terms and phrases
aban accordingly agent amount appear arrival assured barratry belligerent blockade bottomry broker Caines captain capture cargo cent Chief Justice circumstances claim commencement consequence considered consignee contraband contract contribution convoy course court Cranch crew damage detention deviation discharge doctrine East effect embargo England entitled expense fact freight giving the opinion Gothenburg Havana held hypothecation indemnity insurable interest intended Jamaica jettison Johns Justice Kent letter of marque liable liberty Lisbon Lord Eldon Lord Ellenborough Lord Kenyon Lord Mansfield lost Marsh Mass master ment neutral Nichola Mole owner partial loss parties perils insured Pillau port of destination principle provisions purpose question reason recover repairs respect right of abandonment risk rule sail salvage says sea-damage seems seizure ship and cargo subsequent supercargo Supr Taunt tion total loss trade underwriters United usage valuation vessel voyage insured warranty York
Popular passages
Page 14 - ... the subject-matter, as by the known usage of trade, or the like, acquired a peculiar sense distinct from the popular sense of the same words; or unless the context evidently points out...
Page 21 - This is not to be taken in an unqualified latitude, and without some respect had to the time which such a purpose may or shall occupy ; for if the purpose be of a nature that may probably, or does actually, detain the person for a great length of time, I cannot but think that a general residence might grow upon the special purpose. A special purpose may lead a man to a country where it shall detain him the whole of his life. A man comes here to follow a lawsuit; it may happen, and indeed is often...
Page ii - District Clerk's Office. BE IT REMEMBERED, That on the seventh day of May, AD 1828, in the fifty-second year of the Independence of the UNITED STATES OF AMERICA, SG Goodrich, of the said District, has deposited in this office the title of a book, the right whereof he claims as proprietor, in the words following, to wit : " THE CHILD'S BOTANY," In conformity to the act of the Congress of the United States...
Page 144 - That the right of visiting and searching merchant ships upon the high seas, whatever be the ships, whatever be the cargoes, whatever be the destinations, is an incontestable right of the lawfully commissioned cruisers of a belligerent nation.
Page 14 - ... as by the known usage of trade, or the like, acquired a peculiar sense, distinct from the popular sense of the same words ; or unless the context evidently points out that they must in the particular instance, and in order to effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense.
Page 144 - This right is so clear in principle, that no man can deny it who admits the legality of maritime capture; because if you are not at liberty to ascertain by sufficient inquiry whether there is property that can legally be captured, it is impossible to capture. Even those who contend for the inadmissible rule that free ships make free goods, must admit the exercise of this right at least for the purpose of ascertaining whether the ships are free ships or not The right is equally clear in practice,...
Page 5 - Without ascribing to this body, which in its corporate capacity is the mere creature of the act to which it owes its existence, all the qualities and disabilities annexed by the common law to ancient institutions of this sort, it may correctly be said to be precisely what the incorporating act has made it ; to derive all its powers from that act, and to be capable of exerting its faculties only in the manner which that act authorizes.
Page 60 - 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 282 - 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 233 - Law, we are certainly warranted in pronouncing, that a fraudulent breach of duty by the master in respect to his owners ; or, in other words, a breach of duty, in respect to his owners, with a criminal intent, or ex maleficio, is barratry.