A Treatise on the Law of Marine Insurance and Average: With References to the American Cases, and the Later Continental Authorities, Volumen2C.C. Little and J. Brown, 1850 - 1515 páginas |
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Términos y frases comunes
aban abandonee absolute total loss action brought adjustment alleged amount arrival assumpsit assured averred barratry Benecké benefit bill of lading Bingh bottomry Boulay-Paty captain capture caused chap charter-party cited claim clause Comp consignees constructive total loss cost court crew damage declaration defendant detention donment Dougl earned East effect embargo Emerigon entitled expenses fact free of average gability ground held ibid incurred Indem interest jettison John jury Kent liable Lord Ellenborough Lord Mansfield Lord Tenterden loss on freight Marine master Maule & Sel Mees ment notice of abandonment owner paid partial loss parties perils insured Phillips Pick plaintiff plea port of destination principle proof recover return of premium risk Royal Exch rule sailed salvage sea-damaged sect seizure ship and cargo ship's shipowner sold Stevens on Average stranding Taunt thing insured timated tion transhipment underwriters Valin vessel voyage warranty Wels whole
Pasajes populares
Página 852 - AND in case of any loss or misfortune, it shall be lawful and necessary to and for the assured, their factors, servants, and assigns, to sue, labor, and travel...
Página 856 - NB — Corn, fish, salt, fruit, flour, and seed are warranted free from 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 from average, under three pounds per cent unless general, or the ship be stranded.
Página 795 - ... 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 1206 - ... and in case of any loss or misfortune it shall be lawful to the assured, their factors, servants, and assigns, to sue, labour, and travel for, in, and about the defence, safeguard, and recovery of the said goods and merchandizes and ship, &c., or any part thereof, without prejudice to this insurance...
Página 807 - Thirdly, it may happen by the misconduct of the suffering party only; and then the rule is, that the sufferer must bear his own burden. Lastly, it may have been the fault of the ship which ran the other down; and, in this case, the injured party would be entitled to an entire compensation from the other.
Página 1118 - ... whether there is a total loss or not, the ship should be taken to be of that value, so that when a question arises whether it would be worth while to repair, it must be assumed that the vessel would be worth that sum when repaired ; or do they mean only that, for the purpose of ascertaining the amount of compensation to be paid to the assured, when the loss has happened, the value shall be taken to be the sum fixed, in order to...
Página 1119 - A policy of insurance is not a perfect contract of indemnity : it must be taken with this qualification — that the parties may agree beforehand in estimating the value of the subject insured by way of liquidated damages, as, indeed, they may in other contracts to indemnify.
Página 826 - To constitute barratry, which is a crime, the captain must be proved to have acted against his better judgment ; as the case stands there is a whole ocean between you and barratry.
Página 1214 - The only difference between the two cases is, that, in the former, the underwriters generally at once pay the whole amount insured, and the salvage is thereupon transferred to them, and its net proceeds divided amongst them, in proportion to their several interests, in the manner already stated ; in the latter case, the underwriters usually agree, in the first instance, to a payment on account, of a sum which is calculated as the probable difference between the amount insured and the net value of...
Página 846 - 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...