A System of the Law of Marine Insurances: With Three Chapters on Bottomry; on Insurances on Lives; and on Insurances Against Fire. By James Allan Park, ...His Majesty's law printers, 1787 - Počet stran: 530 |
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Strana xlii
... evidence before them . So that if a general verdict were given , the grounds , on which the jury proceeded , might be more eafily afcertained . Befides , if any real difficulty occurred in point of law , his Lordship advised the counfel ...
... evidence before them . So that if a general verdict were given , the grounds , on which the jury proceeded , might be more eafily afcertained . Befides , if any real difficulty occurred in point of law , his Lordship advised the counfel ...
Strana 2
... evidence of ano- ther perfon , who varied from Knox ; in addition to which it was faid , there was the evidence arising from circumstances , for that it was impoffible for the plaintiff to intend to infure her as an Oftend fhip , the ...
... evidence of ano- ther perfon , who varied from Knox ; in addition to which it was faid , there was the evidence arising from circumstances , for that it was impoffible for the plaintiff to intend to infure her as an Oftend fhip , the ...
Strana 3
... evidence to vary the contract from the written words , ordered the bill to be dif miffed . At the fame time it must be observed , that cafes frequently may , and do exift , in which a po- licy , upon proper evidence , may be altered ...
... evidence to vary the contract from the written words , ordered the bill to be dif miffed . At the fame time it must be observed , that cafes frequently may , and do exift , in which a po- licy , upon proper evidence , may be altered ...
Strana 5
... evidence was written by the defendant's clerk through mistake ; and it was faid , that trover could not be maintained for that which never exifted : but his Lordfhip would not fuffer the defendants now to contradict their own ...
... evidence was written by the defendant's clerk through mistake ; and it was faid , that trover could not be maintained for that which never exifted : but his Lordfhip would not fuffer the defendants now to contradict their own ...
Strana 10
... at and " from Bengal , to any ports or places whatsoever " in the East Indies , until her fafe arrival in Lon- " don . " The evidence appeared to be , that be- fore fore the figning of the policy , the plaintiff had 10 OF THE POLICY .
... at and " from Bengal , to any ports or places whatsoever " in the East Indies , until her fafe arrival in Lon- " don . " The evidence appeared to be , that be- fore fore the figning of the policy , the plaintiff had 10 OF THE POLICY .
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abandon action affurance againſt alfo alſo anfwer arifing arrived barratry becauſe bottomry cafe captain capture cargo caufe cauſe charter party circumftances commerce confequence confideration confidered contract convoy courfe court damage decifion declaration defendant difcharged enemy England eſtabliſhed expence exprefs fafe faid faid fhip failed falvage fame faved feems fentence fhall fhew fhip fhould firft fome France fraud freight ftated ftatute fubject fuch fufficient fuftained fugars fured happened himſelf ibid iffue inferted infu inſurance intereft Jamaica Juftice jury laft liable loffes loft London Lord Mansfield mafter merchants muft muſt neceffary neral obferved occafion Oleron opinion owner paid partial lofs parties perfon plaintiff policy of infurance port prefent premium purpoſe queftion reafon recover refpect rifk riſk ſhall ſhe ſhip ſtated thefe theſe thofe thoſe tion total lofs trade trial ufage ufual underwriter uſed veffel verdict Vide void voyage warranty whofe
Oblíbené pasáže
Strana 523 - 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...
Strana 524 - ... 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.
Strana 207 - Good faith forbids either party, by concealing what he privately knows, to draw the other into a bargain from his ignorance of that fact and his believing the contrary.
Strana 524 - ... 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...
Strana 498 - ... with the fever ; and that the want of retention was not a disorder which shortened life...
Strana 524 - Corn, fish, salt, fruit, flour and seed are warranted free from average, unless general, or the ship be stranded— sugar, tobacco, hemp, flax, hides and skins are warranted free from average, under five pounds per cent., and all other goods, also the ship and freight, are warranted free from average, under three pounds per cent. unless general, or the ship be stranded.
Strana 525 - Pounds of good and lawful Money of Great Britain, to be paid to...
Strana 523 - ... until she hath moored at anchor twenty-four hours in good safety; and upon the goods and merchandises, until the same be there discharged and safely landed.
Strana 524 - Ship, &c., or any part thereof ; 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, Safeguard, and Recovery of the said Goods, Merchandises, and Ship, &c. , or any part thereof, without prejudice to this Insurance ; to the charges whereof we, the Assurers, will contribute each one according to the rate and quantity of his sum herein assured.
Strana 207 - ... is a fraud, and therefore the policy is void. Although the suppression should happen through mistake, without any fraudulent intention; yet still the underwriter is deceived, and the policy is void; because the risque run is really different from the risque understood and intended to be run, at the time of the agreement.