A System of the Law of Marine Insurances: With Three Chapters, on Bottomry, on Insurances on Lives, on Insurances Against Fire, Volume 1 |
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Page 2
... evidence of another person , who varied from Knox ; in addition to which it was said , there was the evidence arising from circumstances , for that it was impossible for the plaintiff to intend to insure her as an Ostend ship , she ...
... evidence of another person , who varied from Knox ; in addition to which it was said , there was the evidence arising from circumstances , for that it was impossible for the plaintiff to intend to insure her as an Ostend ship , she ...
Page 3
... evidence to vary the con- tract from the written words , ordered the bill to be dismissed . " At the same time it must be observed , that cases frequently may , and do exist , in which a policy , upon proper evidence , may be altered ...
... evidence to vary the con- tract from the written words , ordered the bill to be dismissed . " At the same time it must be observed , that cases frequently may , and do exist , in which a policy , upon proper evidence , may be altered ...
Page 14
... evidence , in other cases than in those of respondentia and bottomree , if the circum- stances of the case should happen to admit of it . The lien which a factor , to whom a balance is due , has upon the goods of his principal , comes ...
... evidence , in other cases than in those of respondentia and bottomree , if the circum- stances of the case should happen to admit of it . The lien which a factor , to whom a balance is due , has upon the goods of his principal , comes ...
Page 22
... evidence of A. B. it ap- peared , that this ship was called The Leonard , and was never called The Leopard . But the Lord Chief Justice was of opi- nion , that it was only necessary to prove the identity , which was done by Captain ...
... evidence of A. B. it ap- peared , that this ship was called The Leonard , and was never called The Leopard . But the Lord Chief Justice was of opi- nion , that it was only necessary to prove the identity , which was done by Captain ...
Page 35
... evidence against himself . One old case has been found Fowk v . upon the subject , but that is by no means satisfactory . It was an action of assumpsit , and the plaintiff declared that the defendant was indebted to him in twenty pounds ...
... evidence against himself . One old case has been found Fowk v . upon the subject , but that is by no means satisfactory . It was an action of assumpsit , and the plaintiff declared that the defendant was indebted to him in twenty pounds ...
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Common terms and phrases
abandon act of parliament action afterwards appeared arrived assumpsit assured average barratry Bluefields bottomry broker captain capture charter-party circumstances commerce condemnation considered contract convoy Court of King's damage decision declaration defendant deviation discharged East effect embargo enemy England entitled evidence expences fact foreign fraud freight French ground Guildhall happened held Honfleur ibid interest Jamaica Judges judgment jury Justice Buller King's Bench liable London London Assurance Company Lord Chief Justice Lord Ellenborough Lord Kenyon Lord Mansfield Lordship lost master merchant neutral nonsuit Oleron opinion owner paid partial loss parties perils person plaintiff policy of insurance port principles property insured proved question received recover return of premium risk rule salvage sea-worthy sentence shew ship and cargo ship sailed ship's statute surance taken tion total loss trade trial underwriter usage verdict vessel Vide void warranty whole words
Popular passages
Page 648 - And in case of any loss or misfortune, it shall be lawful to the assured, their factors, servants, and assigns, to sue, labour, and travel for, in and about the defence...
Page 648 - ... of the seas, men-ofwar, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and countermart, surpri.sals, 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 74 - ... 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...
Page 653 - SECTION 21. And be it further enacted, That, in order to avoid misconstruction, it is hereby declared to be the true intent and meaning of this act, so far as the question of slavery is concerned, to carry into practical operation the following propositions and principles, established by the compromise measures of 1850, to wit:
Page 65 - Upon any kind of goods and merchandises, and also upon the body, tackle, apparel, ordnance, munition, artillery, boat, and other furniture, of and in the good ship or vessel called the whereof is master under God, for this present voyage, or whosoever else shall go for master in the said ship...
Page 453 - Merchandises 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 387 - interest or no interest," or "without further proof of interest than the policy itself," or "without benefit of salvage to the insurer...
Page 647 - 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 73 - ... 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, upon the said ship, &c.
Page 75 - ... inasmuch as the written words are the immediate language and terms selected by the parties themselves for the expression of their meaning, and the printed words are a general formula adapted equally to their case and that of all other contracting parties upon similar occasions and subjects.