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 5
... be so there is no objection to the policy , and I am satisfied I do not carry this instruction too far , when the justice of the case is with the plaintiffs . But there are two other characters SECT . I. ] 5 The Assured .
... be so there is no objection to the policy , and I am satisfied I do not carry this instruction too far , when the justice of the case is with the plaintiffs . But there are two other characters SECT . I. ] 5 The Assured .
Página 6
... objections , and is in law , conscience , and justice with the plaintiffs . " The other Judges , Heath , J. , Rooke , J. , con- curred . Postea to the plaintiffs . In the case of Lucena v . Crauford ( a 6 [ PART 1 . The Assured .
... objections , and is in law , conscience , and justice with the plaintiffs . " The other Judges , Heath , J. , Rooke , J. , con- curred . Postea to the plaintiffs . In the case of Lucena v . Crauford ( a 6 [ PART 1 . The Assured .
Página 7
... Justice Ellenborough directed the jury that , upon the evidence , the plaintiffs might maintain the issue as to the second count , and that his Majesty , at the times when the ships and goods sailed from St. Helena , and when the policy ...
... Justice Ellenborough directed the jury that , upon the evidence , the plaintiffs might maintain the issue as to the second count , and that his Majesty , at the times when the ships and goods sailed from St. Helena , and when the policy ...
Página 13
... Justice Park , in his valuable treatise ( a ) , " has always been held to be necessary in the policy , at least for upwards of two centuries , and must be so , on account of the ( a ) Park Ins . 31 . evident uncertainty which would ...
... Justice Park , in his valuable treatise ( a ) , " has always been held to be necessary in the policy , at least for upwards of two centuries , and must be so , on account of the ( a ) Park Ins . 31 . evident uncertainty which would ...
Página 28
... Justice began to regard these wagering con- tracts with an unfavourable aspect . 66 In England , after the bad practice of resorting to these wagering contracts had come into use , the Courts of Justice , particularly the Equity , began ...
... Justice began to regard these wagering con- tracts with an unfavourable aspect . 66 In England , after the bad practice of resorting to these wagering contracts had come into use , the Courts of Justice , particularly the Equity , began ...
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Términos y frases comunes
abandonment action afterwards agent amount appeared arrived assured average loss averred barratry benefit bill of lading bottomry broker captain capture charter-party Chief Justice circumstances commencement condemnation considered contract convoy Court of Admiralty Court of King's crew damage decision declaration defendant deviation discharged East effect enemy evidence fact fraud freight French ground Guildhall happened held homeward indemnity insurable interest Jamaica judgment King's Bench liable Liverpool loading London Lord Chief Justice Lord Denman Lord Ellenborough Lord Kenyon Lord Mansfield Lord Tenterden Lordship lost master ment merchant neutral nonsuit opinion owner paid Park parties perils insured person plaintiff plea policy of insurance port premium principle prize question received repairs risk Royal Exchange rule says seaworthy sentence ship and cargo ship sailed ship's stranded taken tion total loss trade tranship trial underwriters usage valued policy verdict vessel void voyage insured warranty whole words writers
Pasajes populares
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 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 vii - Ship, or the Master thereof, is or shall be named or called, beginning the Adventure upon the said Goods and Merchandises from the loading thereof aboard the said Ship...
Página 186 - ... as by the known usage of trade, or the like, acquired a peculiar sense, distinct from the popular sense of the same words...
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 190 - A rule having been obtained calling on the plaintiff to shew cause why the verdict should not be set aside, and a new trial had...
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 35 - interest or no interest," or "without further proof of interest than the policy itself," or "without benefit of salvage to the insurer...
Página 822 - ... 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 822 - Touching the adventures and perils which we the assurers are contented to bear and do take upon us in this voyage: 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...