| Great Britain. Court of King's Bench, James Burrow - 1812 - 648 páginas
...finds this policy good although the particulars objected were not mentioned, is n ell founded. First. Insurance is a contract upon speculation. The special...and proceeds upon confidence that he does not keep back any circumstance in his knowledge, to mislead the under-writer into a belief that the circumstance... | |
| James Allan Park - 1817 - 848 páginas
...founded. " First. Insurance is a contract upon speculation. TTie special facts, upon which the risk is to be computed, lie most commonly in the knowledge...of the insured only. The underwriter trusts to his statement, and proceeds upon confidence, that he does not keep back any circumstances within his knowledge,... | |
| Thomas Arnold - 1822 - 1008 páginas
...His Lordship said, " Assurance is a contract upon speculation. The special facts, upon which the risk is to be computed, lie most commonly in the knowledge of the assured only. The underwriter trusts to his statement, and proceeds upon confidence, tli. '.l he does... | |
| James Kent - 1827 - 544 páginas
...insurance contract, the special facts, as Lord Mansfield has observed, Carter v. Boehm, 3 Burr. 1905. upon which the contingent chance is to be computed,...know.ledge of the insured only. " The underwriter trutts to hit representation," and proceeds upon confidence that he does not keep back any circumstance... | |
| George Beaumont - 1833 - 134 páginas
...given by the Courts, is quoted in the note below (c). (5) Hodgson v. Richardson, 1 BI. Rep. 463. (c) " Insurance is a contract upon speculation. The special facts upon which the risk is to be computed lie most commonly in the knowledge of the insured only. The underwriter trusts... | |
| Esek Cowen, New York (State). Supreme Court - 1837 - 826 páginas
...difference. " Insurance," says lord J\lansfield, " is a contract upon speculation." (3 Bun: 1909.) "The special facts upon which the contingent chance...only ; the underwriter trusts to his representation," &c. He says the insured need not slate what the insurer knows; but the keeping1 back the true state... | |
| Jasper Adams - 1837 - 554 páginas
...known to act, and professes to act, upon the information of the insured. In this kind of contract, the special facts, upon which the contingent chance is to be computed, lie almost always in the knowledge of the insured only. The insurer trusts to his representation, and proceeds... | |
| Elisha Hammond - 1840 - 200 páginas
...suppressed or misrepresented from fraud. Per Ld. Mansfield, in Carter v. Boehm, 1 Bla. 594 ; 3 Burr, 1909. " Insurance is a contract upon speculation, the special facts upon which the risk is to be computed lie commonly in the knowledge of the insured only, the underwriter trusts to... | |
| John William Smith - 1841 - 744 páginas
...finds this policy good, although the particulars objected were not mentioned, is well founded. First. Insurance is a contract upon speculation. The special...and proceeds upon confidence that he does not keep back any circumstance in his knowledge, to mislead the underwriter into a belief that the circumstance... | |
| Archibald John Stephens - 1842 - 998 páginas
...judgment Judgment of of Lord Mansfield in Carter v. J5oeAm'(8), in which his lordship observed, "First, insurance is a contract upon speculation. The special...chance is to be computed, lie most commonly in the xne keeping knowledge of the insured only. The underwriter trusts to his represent- back material ation,... | |
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