A Handbook of Average: For the Use of Merchants, Agents, Ship-owners, Masters, and Others : with a Chapter on Arbitration ...

Smith, Elder, 1857 - 447 páginas
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Página 90 - 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, etc., or any Part thereof...
Página 138 - 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 88 - 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...
Página 132 - ... 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 ; to the charges whereof we, the assurers, will contribute each one according to the rate and quantity of his sum herein assured.
Página 132 - 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 and 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 89 - 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, at and after the rate of IN WITNESS whereof we, the assurers, have subscribed our names and sums assured in London.
Página 79 - ... it cometh to pass upon the loss or perishing of any ship, there followeth not the undoing of any man, but the loss lighteth rather easily upon many than heavily upon few and rather upon them that adventure not than those that do adventure, whereby all merchants especially of the younger sort, are allured to venture more willingly and more freely...
Página 85 - Without commenting on the words of the policy, it is sufficient to say that a policy of assurance has at all times been considered in courts of law as an absurd and incoherent instrument: but it is founded on usage, and must be governed and construed by usage.
Página 436 - The objection, then, to the parol evidence is, that it was not to explain any ambiguous words in the policy, any words which might admit of doubt, nor to introduce matter upon which the policy was silent, but was at direct variance with the words of the policy, and in plain opposition to the language it used. That whereas the policy imported to be upon the ship, furniture and apparel generally, the usage is to say that it is not upon all the furniture and apparel, but upon part only, excluding the...
Página 87 - BE IT KNOWN THAT as well in their 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...

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