Reports of Cases Argued and Determined in the English Courts of Common Law, [1845-1856]: Heretofore Condensed by Thomas Sergeant and Thomas M'Kean Pettit, Now Reprinted in Full, Volume 9T. & J.W. Johnson, 1857 - Law reports, digests, etc |
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Page 39
... freight , and the merchant is indemnified as for a total loss , -ex . gr . he receives the net proceeds from the person who effects the sales , and the balance from the underwriter . " . [ CRESS- WELL , J. - The author is there merely ...
... freight , and the merchant is indemnified as for a total loss , -ex . gr . he receives the net proceeds from the person who effects the sales , and the balance from the underwriter . " . [ CRESS- WELL , J. - The author is there merely ...
Page 91
... freight , though less than the value of the ship when repaired , sold her : Held , not a total loss of either ship or freight . ASSUMPSIT on two policies of assurance . The first count was upon a policy , dated the 4th of May , 1844 ...
... freight , though less than the value of the ship when repaired , sold her : Held , not a total loss of either ship or freight . ASSUMPSIT on two policies of assurance . The first count was upon a policy , dated the 4th of May , 1844 ...
Page 93
... freight , valued at 40007. The Alfred sailed from London on the 8th of September , 1843 , on a voyage to Australia , and thence to South America , whence she was chartered to bring home a cargo of guano or saltpetre , at a freight of 31 ...
... freight , valued at 40007. The Alfred sailed from London on the 8th of September , 1843 , on a voyage to Australia , and thence to South America , whence she was chartered to bring home a cargo of guano or saltpetre , at a freight of 31 ...
Page 95
... freight , to the extent , at least , of that portion of the cargo which the vessel was incompetent to carry home . For the defendants , it was contended that there was no total loss of either ship or freight , and that enough had been ...
... freight , to the extent , at least , of that portion of the cargo which the vessel was incompetent to carry home . For the defendants , it was contended that there was no total loss of either ship or freight , and that enough had been ...
Page 97
... freight . The court called upon S. Martin , Byles , Serjt . , and Barstow , to support the rule . — The ship having sustained sea - damage , and having , in consequence , put back to Valparaiso , and being there found to be incompetent ...
... freight . The court called upon S. Martin , Byles , Serjt . , and Barstow , to support the rule . — The ship having sustained sea - damage , and having , in consequence , put back to Valparaiso , and being there found to be incompetent ...
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Common terms and phrases
acceptor accommodation bill act of parliament agreement alleged amount annuity appear assignee assumpsit attorney bank bankers behalf bill of exchange bills of lading cargo cause of action church of St claim clerk commencement consideration contract count court covenant creditors CRESSWELL damage debt debtor declaration deed defendant defendant's delivered discharged drawer duly E. C. L. R. vol effect enacts endorsement entitled evidence execution final order Fly and Frost freight George Rennie held injury issue John George Storie judge judgment jury last-mentioned liable Mary Magdalen matter MAULE ment mentioned notice obtained owner paid partnership party payable payment person petition petitioner plaintiff plea pleaded Pontifex premises present prison profits promissory note question reason received recover repaired respect Rowland Evans rule Serjt ship statute suit surrender tenant term thereof tion total loss verdict Vict voyage WILDE William William Fly
Popular passages
Page 207 - Chambers on the day of , 19 , at the hour of in the noon, to show cause why a writ of Habeas Corpus should not issue directed to...
Page 287 - ... or such part thereof, respectively, as he shall think f,t, shall stand charged with the payment of the amount for which judgment shall have been so recovered, and interest thereon ; and such order shall entitle the judgment creditor to all such remedies as he would have been entitled to, if such charge had been made in his favour by the judgment debtor...
Page 557 - Enactments or either of them, or to deprive any Party of the Benefit thereof, unless such Acknowledgment or Promise shall be made or contained by or in some Writing to be signed by the Party chargeable thereby...
Page 397 - Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action to recover damages in respect thereof...
Page 397 - ... the Jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Page 277 - Shipped in good order and well conditioned by in and upon the good ship called the whereof is master for this present voyage and now riding at anchor in the and bound for os being marked and numbered as in the margin, and are to be delivered...
Page 65 - An Act to abridge the ^holding of Benefices in Plurality, and to make better Provision for the Residence of the Clergy.
Page 297 - In witness whereof the master or purser of the said ship hath affirmed to three bills of lading, all of this tenor and date, the one of which three bills being accomplished, the other two to stand void, and so God send the good ship to her desired port in safety. Amen.
Page 11 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract," so that it is no excuse if that which happens might have been provided against by the contract.