Ruling Cases, 14. köideRobert Campbell Stevens, 1898 |
From inside the book
Results 1-5 of 87
Page 43
... crew had been taken out of the ship for the purpose of refitting , and were destroyed by accidental fire while stored in a warehouse on the Canton River , it was held that the insured was entitled to recover under a policy of insurance ...
... crew had been taken out of the ship for the purpose of refitting , and were destroyed by accidental fire while stored in a warehouse on the Canton River , it was held that the insured was entitled to recover under a policy of insurance ...
Page 58
... crew , in rendering the vessel unseaworthy before the end of the voyage , by throwing overboard a part of the ballast . Assumpsit on a policy of insurance , dated 22nd of January , 1838 , on the ship John Cook and cargo , at and from ...
... crew , in rendering the vessel unseaworthy before the end of the voyage , by throwing overboard a part of the ballast . Assumpsit on a policy of insurance , dated 22nd of January , 1838 , on the ship John Cook and cargo , at and from ...
Page 60
... crew had not removed the ballast , the ship would most [ * 407 ] likely have stood the squall . It was objected at the trial that this was not a risk which the underwriters had undertaken to indemnify against . The learned Judge was of ...
... crew had not removed the ballast , the ship would most [ * 407 ] likely have stood the squall . It was objected at the trial that this was not a risk which the underwriters had undertaken to indemnify against . The learned Judge was of ...
Page 61
... crew were not guilty of barratry , it was very properly agreed that the plea should be amended by inserting the words , " but not barratrously , " after the words , " negligently and improperly . " And the plea , therefore , in its ...
... crew were not guilty of barratry , it was very properly agreed that the plea should be amended by inserting the words , " but not barratrously , " after the words , " negligently and improperly . " And the plea , therefore , in its ...
Page 62
... crew to do an act which ought to be done , or the doing an act which ought not , in the course of the navigation . It matters not whether a fire which causes a loss be lighted improperly , or , after being properly lighted , be ...
... crew to do an act which ought to be done , or the doing an act which ought not , in the course of the navigation . It matters not whether a fire which causes a loss be lighted improperly , or , after being properly lighted , be ...
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Common terms and phrases
American AMERICAN NOTES amount appears applied arising Ass'n authority average loss barratry captain capture cause cent cited commencement condition consequence considered construction construed course Court Court of Exchequer crew damage decision declaration defendant doctrine effect entitled to recover evidence expenses fact free from average freight French Gibson ground H. L. Cas held implied warranty indemnity intended interest Judges judgment jury liable London London Assurance Company Lord ELLENBOROUGH Lord KENYON Lord MANSFIELD Lordships lost Marine Insurance Marseilles master memorandum Mount Vernon navigation Navigation Act negligence Notes opinion ordinary owner parties passport perils insured plaintiff plea policy of insurance port premium principle question reason repairs respect risk Royal Exchange Assurance rule sailed seilles ship or vessel shipowner suing and labouring time-policy tion total loss trial underwriters unseaworthy usage verdict voyage voyage insured voyage-policy warranty of seaworthiness words
Popular passages
Page 304 - 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 271 - ... 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 688 - 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 136 - 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 222 - Brett reserved leave to the defendant to move to enter a nonsuit or a verdict for him...
Page 818 - 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 651 - 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 575 - 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 187 - ... if the court should be of opinion that the plaintiff was not entitled to recover.