Reports of Cases Decided by the English Courts: With Notes and References to Kindred Cases and Authorities, 5. köideWilliam Gould, 1879 |
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Page 41
... assured , by agreement between the assured and the assurers in this policy , are and shall be valued at £ 4000 , on homeward chartered freight valued at £ The ship sailed from Greenock on the 7th of December , 1862 , and arrived at ...
... assured , by agreement between the assured and the assurers in this policy , are and shall be valued at £ 4000 , on homeward chartered freight valued at £ The ship sailed from Greenock on the 7th of December , 1862 , and arrived at ...
Page 43
... assured were not bound to repair at any cost in order to earn the chartered freight ; but , on the contrary , were enti- tled , as prudent men , to decline such repairs , and to abandon the vessel ; that by abandonment of ship they did ...
... assured were not bound to repair at any cost in order to earn the chartered freight ; but , on the contrary , were enti- tled , as prudent men , to decline such repairs , and to abandon the vessel ; that by abandonment of ship they did ...
Page 44
... assured to have a home- ward freight supplied to him . Nothing short of what would amount in law to the destruction of the ship could justify the owner in claiming for a total loss of freight : Moss v . Smith ( 3 ) ; Rosetto v . Gurney ...
... assured to have a home- ward freight supplied to him . Nothing short of what would amount in law to the destruction of the ship could justify the owner in claiming for a total loss of freight : Moss v . Smith ( 3 ) ; Rosetto v . Gurney ...
Page 45
... assured the duty of election ; thirdly , the elec- tion once made is irrevocable , the rights of all parties are de- termined by the act of election , and cannot afterwards be altered . Nobody pretends to doubt this last proposition ...
... assured the duty of election ; thirdly , the elec- tion once made is irrevocable , the rights of all parties are de- termined by the act of election , and cannot afterwards be altered . Nobody pretends to doubt this last proposition ...
Page 48
... assured shall not be prevented from earning it by any peril happening on the outward voyage . Our argument is that while the ship was at New Zealand , which was in the course of the outward voyage , such an event hap- pened as did ...
... assured shall not be prevented from earning it by any peril happening on the outward voyage . Our argument is that while the ship was at New Zealand , which was in the course of the outward voyage , such an event hap- pened as did ...
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Common terms and phrases
action affidavit Aitkin alleged appears apply appointed Attorney authority bank bankruptcy Beav Calcutta cargo cause circumstances claim clause clerk codicil contract contributory negligence costs court Court of Exchequer creditors damage death debts deceased decision declaration deed defendants directors duty election Elizabeth Banks entitled equity evidence executed executors fact fraud Frazer freight ground held house of lords insured intention JAMES BACON judgment jury justice land Law Rep Law Reports letter liable London Lord Lord Rokeby lordships marriage matter ment Messrs Metropolitan Board Metropolitan Railway Co negligence notice of abandonment opinion owner paid parties payment perils personal estate plaintiff plea possession present prisoner question Railway real estate reason referred respect rule settlement settlor shareholder shares ship Sobey Solicitors statute tenant testator's tion total loss transfer trial trust underwriters Vane verdict Vict voyage words
Popular passages
Page 487 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time."* In Freeman v.
Page 407 - the wrongful or fraudulent taking and carrying away by any person of the mere personal goods of another, from any place, with a felonious intent to convert them to his (the taker's) own use, and make them his own property, without the consent of the owner.
Page 534 - 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 655 - Every past or future disposition of property, by reason whereof any person has or shall become beneficially entitled, to any property or the income thereof upon the death of any person, dying after the time appointed for the commencement of this Act.
Page 732 - But doth not the appetite alter? A man loves the meat in his youth, that he cannot endure in his age: Shall quips, and sentences, and these paper bullets of the brain, awe a man from the career of his humour? No: The world must be peopled. When I said, I would die a bachelor, I did not think I should live till I were married.— Here comes Beatrice : By this day, she's a fair lady : I do spy some marks of love in her.
Page 350 - A verdict was taken for the plaintiff for 300£. with leave to the defendant to move to enter a verdict for him, on the ground that the...
Page 420 - Statute in such case made and provided and against the peace of Our said Lady the Queen, her Crown and dignity.
Page 407 - the felonious taking the property of another without his consent and against his will with intent to convert it to the use of the taker.
Page 43 - The said ship, &c., goods and merchandises, &c., for so much as concerns the assured by agreement between the assured and assurers in this policy, are and shall be valued at...
Page 605 - ... which shall be due and owing to me at the time of my decease...