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INDEX OF CASES CITED.

Theliusson v. Sheddon Page 561 | Vaughan, Mac Andrews v.

v. Staples

4.94

Thomlinson, Lorain v.

583

Vaux, Schroeder v.

Page 185
364.368

Thompson, Page v.

131 n

Veedon v. Wilmot

500

, Archangelo v.

156

Vezian v. Grant

485

Routh v.

411

Victoria v. Cleeve

502.509

v. Royal Exch.

628

Vigne, Kulen Kempe v.

611

v. Rowcroft

[blocks in formation]

Brown v.

267

Scott v.

452

Visger v. Prescott

131 n

v. Taylor

56 Wainhouse v. Cowie

514

Thomson v. Charnock

595 Walton, Hinckley v.

514

v. Royal Exch. Ass.

Walker, Jolly v.

4.48

Co.

186 n. 356

,

Freeland v.

368

v. Whitmore
Blackburne v.
Donaldson v. 520

178

Wallace v. Tellfair

4.57

364

Wallis, Anderson v.

261

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Walpole v. Ewer

629

Webb v.

Thornborough, Whittingham v..

502

Walter, Lavabre .

85.465

-, Mayne v.

531.306

327

Want v. Blunt

647

[blocks in formation]

Waples v. Eames

54

V.

Lance

513

Ward, Jarrat v.

450

Thwaite, Ross v.

26

Wardell, Stitt v.

438

-, Salisbury v.

Tidswell v. Angerstein
Tierney v. Etherington
Todhunter, Parmeter v.
Tonge v. Watts
Touteng v. Hubbard
Toulmin v. Anderson
Touray, Robinson v.
Towers, Bristow v.
Townson, Cock v.
v. Guion

Tremayne, Roberts v.

640 Warwick v. Scott

66 Watt v. Monro
281 Waters, Flindt v.
56 Watson, Pawson v.
v. Clark

130 n
33. 156

504

334

374

308.478

334

v. Mainwaring

651

46 Watts, Tonge v.
369. 16 Way v. Modigliani
448 Webb v. Thomson

56

473

502

438 Webster v. De Tastet

15

464

v. Foster

289

622

Wedderburn v. Bell

349

[blocks in formation]

Western v. Wildy

631

166 n

Weston v. Gares

307

Tunno, Parkin v.

265 Wharton v. De la Rive

573

v. Edwards

228 Wheeler, Vallejo v.

143

Turner, Dandy v.

624 Whitehead v. Bance

122

Tyler v. Horn

329

v. Vaughan

Tyrie v. Fletcher

579

543 note (6)

Tyson v. Gurney

519 Whittingham v. Thornborough

Usparicha v. Noble

Usher v. Noble

Vanharthals v. Halhed

132

176 Whitmore, Brough v.

365

327

70.93

Goldsmith v.

152

Vallance v. Dewar

74

Thompson v.

178

Vandam, Munro v.

333 n

Power v.

206, 631

Vandyck v. Hewit

574

Hore v.

484

v. Whitmore

Vallejo v. Wheeler

Vaughan, Le Mesurier v.

Sterling

364

Vandyck v.

364

Gordon v.
Bowden v.
Levi v.

143 Wildman, Plummer v.
22 Wildy, Western v.
408 Wilkie v. Geddes
364 Wilkinson v. Coverdale

208

631

347

456

284
87 Willasey, Davidson v.

Shirley v.

317

61

Williams

Williams v. Steadman Page 632 Wolfe v. Claggen

[blocks in formation]

v. Horncastle

627 Wolliford, Barton v.

289 Wood, Knox v.

Page 461

132. 411

627

405

650

[blocks in formation]

470 Woodbridge, Bermon v.

585

500 n Woodman, Spitta v.

79

328

[blocks in formation]

440 Woodmass, Saloucci v.
344 Woodness, Taylor v.
358 Wooldridge v. Boydell
452 Woolmer v. Muilman
85 Worsley v. Wood
355 Wright v. Barnard
179
v. Shiffner

20 Young, Green v.

Withers, Goss v.

108.234

INTRODUCTION.

WHEN we consider the wonderful effects which

commerce has produced on the manners of men, when we observe that it tends to wear off those prejudices which give birth to dissensions and animosities, that it unites mankind by the strongest of all ties, the desire of supplying mutual wants; and that it disposes them to peace and concord, by establishing in every community an order of men, whose interest it is to preserve public tranquillity; we are led to think that the history and progress of it would not only be amusing, but highly important and instructive to the inhabitants of every civilized society. Such a work would be in fact the history of the intercourse and communication of mankind, and must necessarily abound in events the most interesting to every social being, but particularly so to the people of this country, whose great importance in the eyes of Europe originated in commerce, and will endure no longer than whilst the same attention continues to be paid to her commercial interests. In a dissertation upon commerce, Insurances form a very distinguished part, and therefore it cannot but be agreeable to the scholar as well as to the lawyer, to trace this branch of commercial law to its source, and to give some account of those various nations, which have been rendered famous by the extent of their commerce, and by the excellency of their maritime regulations. Indeed, in tracing the origin of Insurances, an account of the maritime states, that have existed in the world, necessarily forms a part of the enquiry.

VOL. I.

a

Insurance

2 Blackst. Comm. 458.

3 Smith's Wealth of Nations, P. 148, oct. ed.

Insurance, then, is a contract by which the insurer undertakes, in consideration of a premium equivalent to the hazard run, to indemnify the person insured against certain perils or losses, or against some particular event. When insurance in general is spoken of by professional men, it is understood to signify marine insurances. It is in this light we are at present to consider it; and from the preceding definition it appears to be a contract of indemnity against those perils, to which ships or goods are exposed in the course of their voyage from one place to another. The utility of this species of contract in a commercial country is obvious, and has been taken notice of by very distinguished writers upon commercial affairs. Insurances give great security to the fortunes of private people, and by dividing amongst many that loss, which would ruin an individual, make it fall light 1 Magens, 2. and easy upon the whole society. This security tends greatly to the advancement of trade and navigation, because the risk of transporting and exporting being diminished, men will more easily be induced to engage in an extensive trade, to assist in important undertakings, and to join in hazardous enterprises; since a failure in the object will not be attended with those dreadful consequences to them and their families, which must be the case in a country where insurances are unknown. But it is not individuals only that derive advantages from the increase of commerce, the general welfare of the public is also promoted. It is an observation justified by experience, that as soon as the commercial spirit begins to acquire vigour, and to gain the ascendant in any society, we immediately discover a new genius in its policy, its alliances, its wars and negotiations. No nation that cultivated foreign commerce, ever failed to make a distinguished figure on the theatre of the world, as the history of

the

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