Ruling Cases, 14. köideRobert Campbell Stevens, 1898 |
From inside the book
Results 1-5 of 67
Page 4
... present plaintiffs to insure the same subject from the 17th of March to the 17th of Septem- ber , 1800 , being the period of the commencement of the present policy as to time . This was objected to on the part of the de- fendant , on ...
... present plaintiffs to insure the same subject from the 17th of March to the 17th of Septem- ber , 1800 , being the period of the commencement of the present policy as to time . This was objected to on the part of the de- fendant , on ...
Page 34
... present case , and foreign writers have said no more than English ones . For , no doubt , the insurance must be understood to be in the usual course of trade , and durante itinere . But the question is , " What is the iter insured ? " 9 ...
... present case , and foreign writers have said no more than English ones . For , no doubt , the insurance must be understood to be in the usual course of trade , and durante itinere . But the question is , " What is the iter insured ? " 9 ...
Page 41
... present . a Another objection was , that policies ought to be construed strictly , and not to be extended to cases omitted " ( which latter position is true , and must be agreed ) . Answer . But that is not the present case ; for this ...
... present . a Another objection was , that policies ought to be construed strictly , and not to be extended to cases omitted " ( which latter position is true , and must be agreed ) . Answer . But that is not the present case ; for this ...
Page 68
... present controversy . The owner , ' says he , ' is bound to keep the vessel in a competent state of repair and equipment during the voyage , as far as it may be in his power . If this be not the case , and a loss afterwards happens ...
... present controversy . The owner , ' says he , ' is bound to keep the vessel in a competent state of repair and equipment during the voyage , as far as it may be in his power . If this be not the case , and a loss afterwards happens ...
Page 91
... present were not , nor am I now , aware of any such prevailing opinion in the profession ; and as to the opinion of text - writers , the authorities cited in the judg- ment show that this question was a matter yet unsettled . Mr. No. 58 ...
... present were not , nor am I now , aware of any such prevailing opinion in the profession ; and as to the opinion of text - writers , the authorities cited in the judg- ment show that this question was a matter yet unsettled . Mr. No. 58 ...
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.