A Practical Treatise Or Compendium of the Law of Marine Insurances

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T. Boosey and J. Butterworth, 1801 - 235 páginas
 

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Página 12 - ... 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.
Página 73 - ... interest or no interest, or without further proof of interest than the policy, or by way of gaming or wagering, or without benefit of salvage to the assurer : and that every such assurance shall be null and void to all intents and purposes.
Página 194 - Court, that if there had been a reference depending, or made and determined, it might have been a bar ; but the agreement of the parties cannot oust this Court; and as no reference has been, nor any is depending, the action is well brought, and the plaintiff must have judgment.
Página 212 - 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.
Página 185 - And though it was objected, that fuch a breach of the policy ihouKi be laid, as the infurer may have notice to defend it ; it is fo in this cafe, for they have laid the accident, which is fuffieient notice, becaufe it muft oeceflarily follow that fome damage did happen.
Página 41 - He is bound to know every cause which may occasion political perils, from the rupture of states, from war, and the various operations of war. He is bound to know the probability of safety, from the continuance and return of peace ; from the imbecility of the enemy, through the weakness of their councils or their want of strength.
Página 42 - The reason of the rule which obliges parties to disclose is to prevent fraud, and to encourage good faith. It is adapted to such facts as vary the nature of the contract ; which one privately knows, and the other is ignorant of, and has no reason to suspect.
Página 21 - ... for the freight the fhip would have earned in the voyage, if the accident had not happened. But, as the goods were not actually on board, fo as to make the plaintiff's right to freight commence; Lord Chief Juftice Lee held, he could not be allowed it, and he was nonfuited.
Página 152 - Not by any price at the outset port; but it must be at the port of delivery, where the voyage is completed and the whole damage known. Whether the price there be high or low, in either case it equally...
Página 208 - 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...

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