A Treatise on the Principles of the Law of Marine Insurance: In Two Parts. I.--On the Contract Itself, Between the Assured and the Assurer. II.--Of the Causes which Vacate that Contract. 2.--In what Cases the Assured is Entitled to Recover Back the Consideration Paid by Him? 3.--And, Lastly, what is the Remedy, Provided by the Law, for Either Party Against the Other, Volumen644William Benning, 1845 - 852 páginas |
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Página xi
... & c . SECTION XV . 348 Total Losses and Abandonment 354 Average Losses and Adjustment 434 SECTION XVI . General Average 491 SECTION XVII . The Assurers , Brokers , & c . 528 • PART THE SECOND . SECTION I. Of Fraud in Policies CONTENTS . xi.
... & c . SECTION XV . 348 Total Losses and Abandonment 354 Average Losses and Adjustment 434 SECTION XVI . General Average 491 SECTION XVII . The Assurers , Brokers , & c . 528 • PART THE SECOND . SECTION I. Of Fraud in Policies CONTENTS . xi.
Página 45
... abandonment of the profits by abandoning the goods from whence the profits are to arise and as to general average , there would be no dif- ficulty in the case of a valued policy ; and in the case of an open policy , the difficulty would ...
... abandonment of the profits by abandoning the goods from whence the profits are to arise and as to general average , there would be no dif- ficulty in the case of a valued policy ; and in the case of an open policy , the difficulty would ...
Página 71
... abandonment the day before the bill became due . The assured having become bankrupt , Hubbard and Co. wrote to their agents at Elsineur to take possession of the goods as their property ; it was held that the assurer's assignee , under ...
... abandonment the day before the bill became due . The assured having become bankrupt , Hubbard and Co. wrote to their agents at Elsineur to take possession of the goods as their property ; it was held that the assurer's assignee , under ...
Página 173
... abandonment necessary . A verdict was taken for the plaintiff , subject to the opinion of the Court upon a special case , to which we must refer the reader , it being too long for insertion . Lord C. J. Tindal now delivered the judgment ...
... abandonment necessary . A verdict was taken for the plaintiff , subject to the opinion of the Court upon a special case , to which we must refer the reader , it being too long for insertion . Lord C. J. Tindal now delivered the judgment ...
Página 288
... abandon the ship to their care . It was also proved at the trial , that before the taking by the enemy a violent storm arose at sea , which first separated the ship from her convoy , and afterwards so far disabled her as to render her ...
... abandon the ship to their care . It was also proved at the trial , that before the taking by the enemy a violent storm arose at sea , which first separated the ship from her convoy , and afterwards so far disabled her as to render her ...
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Términos y frases comunes
action adventure afterwards agent amount appeared argument arrived assured average loss averred barratry benefit Berbice bottomry captain capture charter-party circumstances coast commencement consequence considered consignee contract convoy course Court crew damage declaration defendant delivered destination deviation discharged East embargo enemy England entitled to recover expense fact freight freighter held indemnity insurable interest Jamaica judgment liable liberty Liverpool London Lord Chief Justice Lord Denman Lord Eldon Lord Ellenborough Lord Kenyon Lord Mansfield Lord Tenterden Lordship lost mariners master ment merchandises necessary nonsuit opinion owner paid Park parties perils insured plaintiff Pleas policy of insurance ports or places premium principle prize put on board question reason received repaired risk Royal Exchange rule salvage says seaworthy ship and cargo ship insured ship's Sourabaya stranded taken tion total loss trade tranship trial underwriters usage valued policy verdict vessel voyage insured warranty words writers
Pasajes populares
Página ix - And so we, the assurers, are contented, and do hereby promise and bind ourselves, each one for his own part, our heirs, executors, and goods to the assured, their executors, administrators, and assigns, for the true performance of the premises, confessing ourselves paid the consideration due unto us for this assurance by the assured...
Página 350 - 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 184 - ... until the same be there discharged and safely landed ; and it shall be lawful for the said ship, &c., in this voyage to proceed and sail to and touch and stay at any ports or places whatsoever without prejudice to this Insurance.
Página 1 - 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...
Página 35 - interest or no interest," or "without further proof of interest than the policy itself," or "without benefit of salvage to the insurer...
Página 818 - ... of the seas, men of war, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and counter-mart, surprisals, takings at sea, 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 393 - CJ, reserved the point, and directed the jury to find a verdict for the plaintiff, with liberty to the defendant to move to enter a nonsuit. A rule nisi for that purpose having been obtained in last Michaelmas Term, — Marryat and Chitty now showed cause.
Página 274 - In the first place, it may happen without blame being imputable to either party ; as where the loss is occasioned by a storm, or any other vis major : In that case, the misfortune must be borne by the party on whom it happens to light ; the other not being responsible to him in any degree.
Página 526 - And it is agreed by us the Insurers that this Writing or Policy of Assurance shall be of as much force and effect as the surest Writing or Policy of Assurance heretofore made in Lombard Street, or in the Royal Exclumge, or elsewhere in London.
Página 443 - Upon any kind of goods and merchandises, and also upon the body, tackle, apparel, ordnance, munition, artillery, boat, and other furniture, of and in the good ship or vessel...