Ruling Cases, 14. köideRobert Campbell Stevens, 1898 |
From inside the book
Results 1-5 of 88
Page 1
... ordinary and popular sense . In case of doubt occasioned by an apparent discrepancy between the words superadded in writing and the printed form in which they are inserted , the written words , as being selected by the parties for the ...
... ordinary and popular sense . In case of doubt occasioned by an apparent discrepancy between the words superadded in writing and the printed form in which they are inserted , the written words , as being selected by the parties for the ...
Page 2
... ordinary and popular sense . In an action on a policy , the property of the ship may be proved by parol evidence of the possession of the assured , unless disproved by the production of the written documents of the ship under the ...
... ordinary and popular sense . In an action on a policy , the property of the ship may be proved by parol evidence of the possession of the assured , unless disproved by the production of the written documents of the ship under the ...
Page 7
... ordinary way that the owners by whom , as such , he was appointed and employed were the persons in whom the ownership is by the dec- laration averred to be . And though it afterwards appeared by his answers on cross - examination that ...
... ordinary way that the owners by whom , as such , he was appointed and employed were the persons in whom the ownership is by the dec- laration averred to be . And though it afterwards appeared by his answers on cross - examination that ...
Page 9
... ordinary grammatical sense of them ? And looking , as we are obliged to do , to the policy , and to the policy alone , in order to collect the intention of the parties as to the commencement and duration of the adventure thereby ...
... ordinary grammatical sense of them ? And looking , as we are obliged to do , to the policy , and to the policy alone , in order to collect the intention of the parties as to the commencement and duration of the adventure thereby ...
Page 10
... ordinary effect of these words . might perhaps have been in such case controlled ; but can any such restrictive rule of construction be applied to the words “ at all , & c . , ports and places on the coast of Brazil , " as they occur ...
... ordinary effect of these words . might perhaps have been in such case controlled ; but can any such restrictive rule of construction be applied to the words “ at all , & c . , ports and places on the coast of Brazil , " as they occur ...
Other editions - View all
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.