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 11
... liable on his cove- nant ; Barker v . Hodgson , 3 M. & Selw . 267. There is no implied . exception of loss or destruction by act of God , in a continuing contract ; such as , to repair a bridge during a certain time , unless the ...
... liable on his cove- nant ; Barker v . Hodgson , 3 M. & Selw . 267. There is no implied . exception of loss or destruction by act of God , in a continuing contract ; such as , to repair a bridge during a certain time , unless the ...
Page 11
... liable for sailing without a full cargo , * 13 ] pursuant to charter , * though the jury found that the master acted bona fide , under a reasonable and well - founded apprehension of a hostile embargo . Lord ELLENBOROUGH there said ( p ...
... liable for sailing without a full cargo , * 13 ] pursuant to charter , * though the jury found that the master acted bona fide , under a reasonable and well - founded apprehension of a hostile embargo . Lord ELLENBOROUGH there said ( p ...
Page 35
... liable , there having been no stranding : and Lord MANSFIELD said : " This clause , relative to fruit and fish , is now a very old one in policies of insurance . The insurer undertakes for all loses except particular damage , unless the ...
... liable , there having been no stranding : and Lord MANSFIELD said : " This clause , relative to fruit and fish , is now a very old one in policies of insurance . The insurer undertakes for all loses except particular damage , unless the ...
Page 39
... liable to average loss on silk , except in a given event ; and the premium is calculated with reference to his liability for a total loss only . Now , the facts found , are , that the silk in question was only partially damaged , that ...
... liable to average loss on silk , except in a given event ; and the premium is calculated with reference to his liability for a total loss only . Now , the facts found , are , that the silk in question was only partially damaged , that ...
Page 41
... liable , especially where they arrive in bulk at their port of destination . ( Citing M'Andrews v . Vaughan , Marshall on Ins . 219 , Park , Ins . 252 , 8th edit .; Mason v . Skurray , Marshall on Ins . 218 , Park , 8th edit . 253 ...
... liable , especially where they arrive in bulk at their port of destination . ( Citing M'Andrews v . Vaughan , Marshall on Ins . 219 , Park , Ins . 252 , 8th edit .; Mason v . Skurray , Marshall on Ins . 218 , Park , 8th edit . 253 ...
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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.