Reports of Cases Argued and Determined in the English Courts of Common Law: With Tables of the Cases and Principal Matters, 67. köideT. & J.W. Johnson, 1871 |
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Page 39
... freight , and the merchant is indemnified as for a total loss , —ex . gr . he receives the net proceeds from the person who effects the sales , and the balance from the underwriter . " [ CRESS- WELL , J. - The author is there merely ...
... freight , and the merchant is indemnified as for a total loss , —ex . gr . he receives the net proceeds from the person who effects the sales , and the balance from the underwriter . " [ CRESS- WELL , J. - The author is there merely ...
Page 91
... freight , though less than the value of the ship when repaired , sold her : Held , not a total loss of either ship or freight . ASSUMPSIT on two policies of assurance . The first count was upon a policy , dated the 4th of May , 1844 ...
... freight , though less than the value of the ship when repaired , sold her : Held , not a total loss of either ship or freight . ASSUMPSIT on two policies of assurance . The first count was upon a policy , dated the 4th of May , 1844 ...
Page 93
... freight , valued at 40007. The Alfred sailed from London on the 8th of September , 1848 , on a voyage to Australia , and thence to South America , whence she was chartered to bring home a cargo of guano or saltpetre , at a freight of 31 ...
... freight , valued at 40007. The Alfred sailed from London on the 8th of September , 1848 , on a voyage to Australia , and thence to South America , whence she was chartered to bring home a cargo of guano or saltpetre , at a freight of 31 ...
Page 95
... freight , to the extent , at least , of that portion of the cargo which the vessel was incompetent to carry home . For the defendants , it was contended that there was no total loss of either ship or freight , and that enough had been ...
... freight , to the extent , at least , of that portion of the cargo which the vessel was incompetent to carry home . For the defendants , it was contended that there was no total loss of either ship or freight , and that enough had been ...
Page 97
... freight . The court called upon S. Martin , Byles , Serjt . , and Barstow , to support the rule . - The ship having sustained sea - damage , and having , in consequence , put back to Valparaiso , and being there found to be incompetent ...
... freight . The court called upon S. Martin , Byles , Serjt . , and Barstow , to support the rule . - The ship having sustained sea - damage , and having , in consequence , put back to Valparaiso , and being there found to be incompetent ...
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Common terms and phrases
acceptor accommodation bill act of parliament agreement alleged amount annuity appear assigns assumpsit attorney averred bank behalf bill of exchange bills of lading cargo cause of action church of St claim clerk consideration contract count covenant creditors CRESSWELL damages debt debtor declaration deed defendant defendant's delivered discharged drawer duly E. C. L. R. vol effect enacts endorsement entitled evidence execution final order Fly and Frost freight George Rennie held injury issue John George Storie judge judgment jury last-mentioned liable Lord Mary Magdalen matter MAULE Maytham Hall ment mentioned Monypenny notice obtained paid partnership party payable payment person petition petitioner plaintiff plea pleaded Pontifex possession premises present prison profits provisions question reason recover repaired respect Rowland Evans rule Scott Serjt ship statute term therein thereof tion total loss trial verdict Vict WILDE William William Fly
Popular passages
Page 397 - Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action to recover damages in respect thereof...
Page 277 - Shipped in good order and well conditioned by in and upon the good ship called the whereof is master for this present voyage and now riding at anchor in the and bound for os being marked and numbered as in the margin, and are to be delivered...
Page 397 - Action the Jury may give such Damages as they may think proportioned to the injury resulting from such Death to the Parties respectively for whom and for whose Benefit such Action shall be brought...
Page 817 - Any Contract which if made between private Persons would be by Law required to be in Writing, and...
Page 801 - B. for life, remainder to his first and other sons successively in tail male, remainder to the future sons of C.
Page 395 - ... or why there should not be a new trial, on the ground of misdirection, and that the verdict was against evidence ; or why the judgment should not be arrested.
Page 297 - In witness whereof the master or purser of the said ship hath affirmed to three bills of lading, all of this tenor and date, the one of which three bills being accomplished, the other two to stand void, and so God send the good ship to her desired port in safety. Amen.
Page 493 - The lord chief justice overruled the objection, reserving leave to the defendant to move to enter a verdict for him, or a nonsuit.
Page 731 - That, although afterwards, and before the commencement of this suit, to wit, on the 1st of...
Page 15 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract," so that it is no excuse if that which happens might have been provided against by the contract.