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 14
... usage of merchants ( b ) . SECTION IV . " UPON ANY KIND OF GOODS AND MERCHANDISES . " The above words will lead us into the inquiry as to what and merchan- description of " goods and merchandises " may form the sub- ject of marine ...
... usage of merchants ( b ) . SECTION IV . " UPON ANY KIND OF GOODS AND MERCHANDISES . " The above words will lead us into the inquiry as to what and merchan- description of " goods and merchandises " may form the sub- ject of marine ...
Página 16
... usage , and there may be some opening to fraud , if it be not specified . The ground of our resolution is , ' That it is now established , as the law and practice of merchants , that respondentia and bottomry must be specified and ...
... usage , and there may be some opening to fraud , if it be not specified . The ground of our resolution is , ' That it is now established , as the law and practice of merchants , that respondentia and bottomry must be specified and ...
Página 18
... usage of the trade , which in matters of insurance is always of great weight , sanctions it . This case was an action upon a policy of insurance on " goods , specie , and effects " of the plaintiff , board the ship , who was also the ...
... usage of the trade , which in matters of insurance is always of great weight , sanctions it . This case was an action upon a policy of insurance on " goods , specie , and effects " of the plaintiff , board the ship , who was also the ...
Página 19
... usage which must govern our decision . A great many captains in the East India service swear , that this kind of ... usage . Secondly it has been held that the master's clothes , or The master's the ship's provisions , do not come under ...
... usage which must govern our decision . A great many captains in the East India service swear , that this kind of ... usage . Secondly it has been held that the master's clothes , or The master's the ship's provisions , do not come under ...
Página 20
... usage relating thereto , fully discussed by the argument at the Bar , with reference to the evidence given at the trial . As the case was not on a policy of insurance , I must content myself with a few obser- vations , copied from the ...
... usage relating thereto , fully discussed by the argument at the Bar , with reference to the evidence given at the trial . As the case was not on a policy of insurance , I must content myself with a few obser- vations , copied from the ...
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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...