A Lecture on the Law of Representations in Marine Insurance: With Notes and Illustrations : and a Preliminary Lecture on the Question Whether Marine Insurance was Known to the Ancients
J.S. Voorhies, 1844 - 239 páginas
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A lecture on the Law of Representations in Marine Insurance, with notes and ...
Visualização completa - 1844
admitted adopted affirmation agent agreement alleged alter application assured avoid the policy bottomry broker cargo Chancellor Cicero circumstances concealment conclusion considered construction construed contract convoy court decision declaration defendant dence Dennistoun discharge disclosed doubt duty Emerigon event evidence existence express facts represented false falsity fraud fraudulent Gothenburg ground held implied inference inserted intention judges judgment jury Justinian Code language law merchant letter liable Livy Lord Eldon Lord Ellenborough Lord Mansfield Lord Tenterden loss marine insurance Marshall material fact ment merchants merely misrepresentation necessary necessary inference New-York Note opinion owner Pandects parol party Phillips plaintiff port positive representation premium presumption principle probable promissory proved question racter reason received refers relation remarks repre risks rule sail seems sentation ship statement subsequent substantial truth substantially Suetonius surance tation tion trial true truth underwriters usage valid verdict vessel Vide voyage warranty wholly words writers
Página 229 - ... building or premises shall be occupied in any way so as to render the risk more hazardous than at the time of insuring, such insurance shall be void and of no effect.
Página 186 - But we all think the jury ought not to pay the least regard to it. It is mere opinion ; which is not evidence. It is opinion after an event. It is opinion without the least foundation from any previous precedent, or usage. It is an opinion which, if rightly formed, could only be drawn from the same premises from which the court and jury were to determine the cause : and, therefore, it is improper and irrelevant in the mouth of a witness t.
Página 199 - C. 338, this court expressed the opinion that, " it was well established that the operation of any concealment on the policy depends on its materiality to the risk, and that this materiality is a subject for the consideration of a jury.
Página 231 - But as, by the law of merchants, all dealings must be fair and honest, fraud infects and vitiates every mercantile contract. Therefore, if there is fraud in a representation, it will avoid the policy, as a fraud, but not as a part of the agreement.
Página 2 - England no royal power can introduce a new law, or suspend the execution of the old, therefore the law of nations, wherever any question arises which is properly the object of its jurisdiction, is here adopted in its full extent by the common law, and is held to be a part of the law of the land.
Página 113 - ... the contract between the parties is the policy, which is in writing, and cannot be varied by parol. No defence, therefore, which turns on showing that the contract was different from that contained in the policy can be admitted ; and this is the effect of any defence turning on the mere fact of misrepresentation, without fraud.
Página 3 - Thus in mercantile questions, such as bills of exchange and the like, in all marine causes relating to freight, average, demurrage, insurances, bottomry, and others of a similar nature, the law merchant, which is a branch of the law of nations, is regularly and constantly adhered to. So, too, in all disputes relating to prizes, to shipwrecks, to hostages and ransom bills, there is no other rule of decision but this great universal law, collected from history and usage, and such writers of all nations...
Página 130 - So that there cannot be a clearer distinction, than that which exists between a warranty which makes part of the written policy, and a collateral representation, which, if false in a point of materiality, makes the policy void ; but if not material, it can hardly ever be fraudulent.
Página 125 - be done towards equipping her for the voyage, or " on the day on which she is stated, as here, to have " been in safety in the port from which she was to sail — "this was the 28th of July, 1800. If she had been "lost or injured before that day, the underwriters would
Página 112 - The rule of res ipsa loquitur does not relieve the plaintiff of the burden of showing negligence, nor does it raise any presumption in his favor. Whether the defendant introduces evidence or not, the plaintiff in this case will not be entitled to a verdict unless he satisfies the jury by the preponderance of the evidence that his injuries were caused by a defect in the elevator attributable to the defendant's negligence. The law attaches no special weight, as proof, to the fact of an...