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A System of the Law of Marine Insurances, with Three Chapters on Bottomry ...
James Allan Park
Vista previa limitada - 2005
abandon action affurance afterwards alfo allowed amount appeared arrived average barratry becauſe brought cafe called captain cargo carried caufe chapter commerce confidered contract convoy court damage defendant effects enemy England entitled evidence fact faid failed falvage fame feems fhall fhip fhould fome fraud French ftated ftatute fubject fuch give given ground happened held infured inſurance intereft Juftice jury liable loft London Lord Lord Mansfield mafter material means mentioned merchants months muft muſt nature neceffary never object officer opinion owner paid partial parties perfon plaintiff policy of infurance port prefent premium principles privateer proved queftion received recover rule ſhip taken thefe theſe thing thofe tion total lofs trade trial true underwriter veffel verdict Vide void voyage warranty whole writers
Página 523 - 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 524 - ... 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 207 - Good faith forbids either party, by concealing what he privately knows, to draw the other into a bargain from his ignorance of that fact and his believing the contrary.
Página 524 - ... they are of the seas, men of war, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and countermart, surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever...
Página 498 - ... with the fever ; and that the want of retention was not a disorder which shortened life...
Página 524 - 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 525 - Pounds of good and lawful Money of Great Britain, to be paid to...
Página 523 - ... until she hath moored at anchor twenty-four hours in good safety; and upon the goods and merchandises, until the same be there discharged and safely landed.
Página 524 - Ship, &c., or any part thereof ; 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, Merchandises, and Ship, &c. , or any part thereof, without prejudice to this Insurance ; to the charges whereof we, the Assurers, will contribute each one according to the rate and quantity of his sum herein assured.
Página 207 - ... is a fraud, and therefore the policy is void. Although the suppression should happen through mistake, without any fraudulent intention; yet still the underwriter is deceived, and the policy is void; because the risque run is really different from the risque understood and intended to be run, at the time of the agreement.