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
... . 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.
... . 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 xii
... Fraud in Policies • 570 SECTION II . Of Illegal Voyages 630 SECTION III . Of Non - compliance with Warranties • 662 SECTION IV . Of Return of Premium 750 SECTION V. Of Re - Assurance and Double Assurance . 772 SECTION VI . Of The ...
... Fraud in Policies • 570 SECTION II . Of Illegal Voyages 630 SECTION III . Of Non - compliance with Warranties • 662 SECTION IV . Of Return of Premium 750 SECTION V. Of Re - Assurance and Double Assurance . 772 SECTION VI . Of The ...
Página 10
... fraud , is liable . ( b ) These " words " of this instrument have been used in practice by the merchants and underwriters of this country , till they have , at length , formed a material clause in the policy ; and the effect of them on ...
... fraud , is liable . ( b ) These " words " of this instrument have been used in practice by the merchants and underwriters of this country , till they have , at length , formed a material clause in the policy ; and the effect of them on ...
Página 11
... fraud . There is a recent decision in the Court of King's Bench , in the case of Mead v . Davison , ( a ) in which the question of law arose , how far the circumstance of both parties to the contract being acquainted with the loss at ...
... fraud . There is a recent decision in the Court of King's Bench , in the case of Mead v . Davison , ( a ) in which the question of law arose , how far the circumstance of both parties to the contract being acquainted with the loss at ...
Página 60
... fraud in the captors , in effecting this policy : as there was no illegality in the voyage or insurance : and as the resistance of the under- writers to the claim , upon the ground that there was no risk : the plaintiff is entitled to ...
... fraud in the captors , in effecting this policy : as there was no illegality in the voyage or insurance : and as the resistance of the under- writers to the claim , upon the ground that there was no risk : the plaintiff is entitled to ...
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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...