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according action admitted agreed American amount answer appears applied argument arising arrived assured authority average cargo carried cause circumstances cited claim clause clear commencement Company condition consequence consideration considered construction contract course Court covenant crew damage decided decision deed defendant doubt effect entered entitled evidence exception expenses express fact give given grant ground happened heirs held implied intention interest Judges judgment jury land liable limitation London Lord loss lost Marine master meaning mentioned nature necessary Notes object opinion ordinary owner paid particular parties perils person plaintiff port premises premium present principle question reason recover reference remainder repairs respect risk rule sailed seaworthy sense ship stranding sufficient taken tion underwriters unless usage usual vessel voyage warranty whole
Page 302 - 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 269 - ... 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 7 - Pleas, calling upon the plaintiff to show cause why the verdict should not be set aside...
Page 686 - If a daj' be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed, an action may be brought for the money, or for not doing such other act before performance, for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent...
Page 134 - 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...
Page 220 - Brett reserved leave to the defendant to move to enter a nonsuit or a verdict for him...
Page 816 - The true reason of the remedy; and then the office of all the judges is always to make such construction as shall suppress the mischief, and advance the remedy...
Page 649 - A testator is always presumed to use the words in which he expresses himself according to their strict and primary acceptation, unless from the context of the will it appears that he has used them in a different sense, in which case the sense in which he thus appears to have used them will be the sense in which they are to be construed.
Page 573 - Hall, that in construing wills and indeed statutes, and all written instruments, the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity, or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity and inconsistency but no further.
Page 185 - ... if the court should be of opinion that the plaintiff was not entitled to recover.