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 35
... injured ; and in this light a criminal or wilful deviation is barratry , if it be without their confent . The general question here is , whether , as the lofs , which was occafioned by the barratry of the master , did not happen during ...
... injured ; and in this light a criminal or wilful deviation is barratry , if it be without their confent . The general question here is , whether , as the lofs , which was occafioned by the barratry of the master , did not happen during ...
Strana 103
... injured . Mr. Juftice Willes . The only doubt I had in this cafe was , at what time the lofs happened : and I think it may reasonably be faid to have hap- pened in confequence of the fmuggling voyage ; for if the fhip had proceeded on ...
... injured . Mr. Juftice Willes . The only doubt I had in this cafe was , at what time the lofs happened : and I think it may reasonably be faid to have hap- pened in confequence of the fmuggling voyage ; for if the fhip had proceeded on ...
Strana 110
... injured , as to justify him in abandoning to the infurer , and in calling upon him to pay the whole amount of his infurance , as if a total lofs had actually hap- pened . But the idea of a total lofs , in this fenfe of the word , is fo ...
... injured , as to justify him in abandoning to the infurer , and in calling upon him to pay the whole amount of his infurance , as if a total lofs had actually hap- pened . But the idea of a total lofs , in this fenfe of the word , is fo ...
Strana 124
... injured ; the price of the beft is 2cl . a hogfhead ; the price of the damaged is 197. 105 . The lofs is about a fortieth , and the infurer would be to pay above a third . Suppose they come to a rifing market , and the found fugars fell ...
... injured ; the price of the beft is 2cl . a hogfhead ; the price of the damaged is 197. 105 . The lofs is about a fortieth , and the infurer would be to pay above a third . Suppose they come to a rifing market , and the found fugars fell ...
Strana 187
... injured , did not exceed 48 1. per cent . which fum the defendant had paid into court , upon plead- ing in the action . That when the hip arrived at the port of Lynn , fhe was not worth repairing . The queftion for the opinion of the ...
... injured , did not exceed 48 1. per cent . which fum the defendant had paid into court , upon plead- ing in the action . That when the hip arrived at the port of Lynn , fhe was not worth repairing . The queftion for the opinion of the ...
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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.