The Law and Practice of Marine Insurance: Deduced from a Critical Examination of the Adjudged Cases, the Nature and Analogies of the Subject, and the General Usage of Commercial Nations, Volumen1
J.S. Voorhies, 1845
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act of Parliament admiralty admitted adopted agreement applied assured authority belligerent blockaded port bottomry bound British capture cargo character claim clause commerce condemnation confiscation consequence considered consignee construction contraband contract court of equity Cranch decision declared defendant doctrine domicil doubt duty effect Emerigon enemy enemy's England established existence express fact foreign fraud freight ground held Hence hostile illegal insu intention judge judgment justly King's Bench law of nations liable license Lord Ellenborough Lord Mansfield loss master ment merchant necessary neral neutral country neutral ship New-York Note object observations opinion ordinance owners parties penalty plaintiff premium presumption principle prohibited proof property insured protection proved provisions question racter reasons reference render residence risks rule sailing seems Sir William Scott solely subsequent Supreme Court Taunt tion trade treaty underwriters United usage valid Valin vessel Vide violation void voyage wholly words
Página 488 - I trust that it has not escaped my anxious recollection for one moment, what it is that the duty of my station calls for from me, namely, to consider myself as stationed here, not to deliver occasional and shifting opinions to serve present purposes of particular national interest, but to administer with indifference that justice which the law of nations holds out, without distinction, to independent States, some happening to be neutral and some to be belligerent.
Página 119 - But the Court said that if that were so, no contract could ever be completed by the post. For if the defendants were not bound by their offer when accepted by the plaintiffs till the answer was received, then the plaintiffs ought not to be bound till after they had received the notification that the defendants had received their answer and assented to it. And so it might go on ad infinitum.
Página 693 - And whereas it frequently happens that vessels sail for a port or place belonging to an enemy without knowing that the same is besieged, blockaded, or invested, it is agreed that every vessel so circumstanced may be turned away from such port or place, but shall not be detained ; nor shall any part of her cargo, if not contraband, be confiscated, unless, after...
Página 488 - It is that the duty of my station calls for from me ; — namely to consider myself as stationed here, not to deliver occasional and shifting opinions to serve present purposes of particular national interest, but to administer with indifference that justice which the law of nations holds out, without distinction, to independent states, some happening to be neutral and some to be belligerent. The seat of judicial. authority is, indeed, locally here, in the belligerent country, according to the known...
Página 489 - ... person who sits here to determine this question exactly as he would determine the same question if sitting at Stockholm ; to assert no pretensions on the part of Great Britain which he would not allow to Sweden in the same circumstances, and to impose no duties on Sweden, as a neutral country, which he would not admit to belong to Great Britain in the same character.
Página 119 - September 7th (which in case their letter had not been misdirected would have been in the usual course of the post), sold the wool in question to another person. Under these circumstances the learned judge held that the delay having been occasioned by the neglect of the defendants, the jury must take it, that the answer did come back in due course of post...
Página 723 - ... the purpose for which the acts were done; but, if the evasive purpose be admitted or proved, we can never be bound to accept, as a substitute for the observance of the law, the means, however operose, which have been employed to cover a breach of it. Between the actual Importation by which a voyage is really ended, and the colorable importation which is to give it the appearance of being ended, there must necessarily be a great resemblance.
Página 151 - CJ, in delivering the judgment of the Court, said: "We are of opinion that it is for the Court to direct the jury as to whether such an act may tend to the public mischief, and that it is not in such a case an issue of fact upon which evidence can be given.
Página 216 - ... as by the known usage of trade, or the like, acquired a peculiar sense distinct from the popular sense of the same words; or unless the context evidently points out that they must in the particular instance, and in order to effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense.