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 ix
... 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 ...
... 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 ...
Página xi
... 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.
... 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 38
... average loss upon a valued policy , ” is di- rectly contrary to the very terms of the policy itself . It is expressly subject to average , if the loss upon sugars exceed 5 per cent .; if it was not , the consequence would not be that ...
... average loss upon a valued policy , ” is di- rectly contrary to the very terms of the policy itself . It is expressly subject to average , if the loss upon sugars exceed 5 per cent .; if it was not , the consequence would not be that ...
Página 45
... average nor abandonment ; but that objection does not hold in the present case ; for if there be only a partial loss , the assured will only be liable to pay for the expected profits on the goods lost ; and there may be an abandonment ...
... average nor abandonment ; but that objection does not hold in the present case ; for if there be only a partial loss , the assured will only be liable to pay for the expected profits on the goods lost ; and there may be an abandonment ...
Página 291
... average loss , and the plaintiff can only recover on a total loss . But Chief Justice Lee held , that in this the plaintiff ought to recover ; for his is a wager upon a total loss in the voyage , and here has happened one : the being ...
... average loss , and the plaintiff can only recover on a total loss . But Chief Justice Lee held , that in this the plaintiff ought to recover ; for his is a wager upon a total loss in the voyage , and here has happened one : the being ...
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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...