A System of the Law of Marine Insurances: With Three Chapters on Bottomry; on Insurances on Lives; and on Insurances Against Fire. By James Allan Park, ...His Majesty's law printers, 1787 - 530 pages |
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Page xli
... stated the great advantages refulting to each party by confenting to the application , which was made ; and added , that if the plaintiff con- fented to fuch a rule , the defendant fhould un- dertake not to file any bill in equity for ...
... stated the great advantages refulting to each party by confenting to the application , which was made ; and added , that if the plaintiff con- fented to fuch a rule , the defendant fhould un- dertake not to file any bill in equity for ...
Page 5
... stated in'evidence was written by the defendant's clerk through mistake ; and it was faid , that trover could not be maintained for that which never exifted : but his Lordfhip would not fuffer the defendants now to contradict their own ...
... stated in'evidence was written by the defendant's clerk through mistake ; and it was faid , that trover could not be maintained for that which never exifted : but his Lordfhip would not fuffer the defendants now to contradict their own ...
Page 18
... stated , that he effected the policy , as the agent of the princi pal , the policy will be void within the ftatute . Another queftion alfo occurred in the fame caufe , 2 Whether Whether it was not the intention of the legifla- ture 18 ...
... stated , that he effected the policy , as the agent of the princi pal , the policy will be void within the ftatute . Another queftion alfo occurred in the fame caufe , 2 Whether Whether it was not the intention of the legifla- ture 18 ...
Page 21
... stated . It is abfolutely neceffary that there fhould be a specification upon which of these the underwriter infures ; be- caufe otherwife it would be impoffibie to know , whether , in any inftance , he is liable or not to the lofs ...
... stated . It is abfolutely neceffary that there fhould be a specification upon which of these the underwriter infures ; be- caufe otherwife it would be impoffibie to know , whether , in any inftance , he is liable or not to the lofs ...
Page 40
... stated it . Two fpecial juries of merchants found their verdicts agreeably to that direction . Motteux and Others , v . + Atk . 545 . This cafe has already been mentioned , on ac- count of an alteration made in the policy after the Gov ...
... stated it . Two fpecial juries of merchants found their verdicts agreeably to that direction . Motteux and Others , v . + Atk . 545 . This cafe has already been mentioned , on ac- count of an alteration made in the policy after the Gov ...
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Common terms and phrases
abandon action affurance againſt alfo alſo anfwer arifing arrived barratry becauſe bottomry cafe captain capture cargo caufe cauſe charter party circumftances commerce confequence confideration confidered contract convoy courfe court damage decifion declaration defendant difcharged enemy England eſtabliſhed expence exprefs fafe faid faid fhip failed falvage fame faved feems fentence fhall fhew fhip fhould firft fome France fraud freight ftated ftatute fubject fuch fufficient fuftained fugars fured happened himſelf ibid iffue inferted infu inſurance intereft Jamaica Juftice jury laft liable loffes loft London Lord Mansfield mafter merchants muft muſt neceffary neral obferved occafion Oleron opinion owner paid partial lofs parties perfon plaintiff policy of infurance port prefent premium purpoſe queftion reafon recover refpect rifk riſk ſhall ſhe ſhip ſtated thefe theſe thofe thoſe tion total lofs trade trial ufage ufual underwriter uſed veffel verdict Vide void voyage warranty whofe
Popular passages
Page 523 - Be it known that as well in own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all...
Page 524 - ... 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 207 - Good faith forbids either party, by concealing what he privately knows, to draw the other into a bargain from his ignorance of that fact and his believing the contrary.
Page 524 - ... they are of the seas, men of war, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and countermart, surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever...
Page 498 - ... with the fever ; and that the want of retention was not a disorder which shortened life...
Page 524 - Corn, fish, salt, fruit, flour and seed are warranted free from average, unless general, or the ship be stranded— sugar, tobacco, hemp, flax, hides and skins are warranted free from average, under five pounds per cent., and all other goods, also the ship and freight, are warranted free from average, under three pounds per cent. unless general, or the ship be stranded.
Page 525 - Pounds of good and lawful Money of Great Britain, to be paid to...
Page 523 - ... until she hath moored at anchor twenty-four hours in good safety; and upon the goods and merchandises, until the same be there discharged and safely landed.
Page 524 - Ship, &c., or any part thereof ; and in case of any Loss or Misfortune it shall be lawful to the Assured, their Factors, Servants, and Assigns, to sue, labour, and travel for, in, and about the Defence, Safeguard, and Recovery of the said Goods, Merchandises, and Ship, &c. , or any part thereof, without prejudice to this Insurance ; to the charges whereof we, the Assurers, will contribute each one according to the rate and quantity of his sum herein assured.
Page 207 - ... is a fraud, and therefore the policy is void. Although the suppression should happen through mistake, without any fraudulent intention; yet still the underwriter is deceived, and the policy is void; because the risque run is really different from the risque understood and intended to be run, at the time of the agreement.