A Treatise on the Law of Marine Insurance and General Average, Volumen1Little, Brown,, 1868 |
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Página 79
... applied to questions arising in commercial cases.2 12 Pars . Contr . ( 5th ed . ) 555 , 556 , and notes a and b . The testimony of ex- perts is so far matter for the jury , that if it be contradictory and conflicting or uncertain , it ...
... applied to questions arising in commercial cases.2 12 Pars . Contr . ( 5th ed . ) 555 , 556 , and notes a and b . The testimony of ex- perts is so far matter for the jury , that if it be contradictory and conflicting or uncertain , it ...
Página 82
... applied to mercantile instru- ments than to others , it is not confined to them . " And per Lord Kenyon , C. J. , in Brough v . Whitmore , 4 T. R. 208 : " When a question arises on the con- struction of the words of an instrument ...
... applied to mercantile instru- ments than to others , it is not confined to them . " And per Lord Kenyon , C. J. , in Brough v . Whitmore , 4 T. R. 208 : " When a question arises on the con- struction of the words of an instrument ...
Página 83
... applied to rabbits , denoted twelve hundred . From this case it is clear that Mr. Ar- nould's rule is too broad ; for what can be more plain and unambiguous than words denoting number ? Mr. Justice Taun- ton , in the case last cited ( 3 ...
... applied to rabbits , denoted twelve hundred . From this case it is clear that Mr. Ar- nould's rule is too broad ; for what can be more plain and unambiguous than words denoting number ? Mr. Justice Taun- ton , in the case last cited ( 3 ...
Página 85
... applied . " It is to be observed , " says he , " that the rule is directed only against the admission of any other evi- dence of the language employed by the parties in making the contract than that which is furnished by the writing ...
... applied . " It is to be observed , " says he , " that the rule is directed only against the admission of any other evi- dence of the language employed by the parties in making the contract than that which is furnished by the writing ...
Página 88
... applied . But I apprehend that it can never be proper to resort to any usage or custom to con- trol or vary the positive stipulations in a written contract , and a fortiori not in order to contradict them . An express contract is always ...
... applied . But I apprehend that it can never be proper to resort to any usage or custom to con- trol or vary the positive stipulations in a written contract , and a fortiori not in order to contradict them . An express contract is always ...
Otras ediciones - Ver todas
A Treatise on the Law of Marine Insurance and General Average, Vol. 1 of 2 ... Theophilus Parsons Sin vista previa disponible - 2017 |
A Treatise on the Law of Marine Insurance and General Average, Vol. 2 of 2 ... Theophilus Parsons Sin vista previa disponible - 2015 |
Términos y frases comunes
action agent agreement amount ance applied Arnould arrival assured attach barratry bottomry brig Campb capture cargo cause charter-party charterer circumstances cited claim clause considered construction construed contract of insurance court held court of equity Cranch crew damage decision declared defendants Duer East England entitled evidence fact fire fraud freight ground Hagg implied warranty indorsement insurable interest intention Johns jury Justice Story liable Lord Eldon Lord Ellenborough Lord Mansfield Lord Tenterden lost marine Mass master material meaning ment merchants mortgage neutral opinion owner paid parties peril insured person Pick plaintiff policy of insurance port premium principle property insured question reason recover reinsurance representation risk rule salvage schooner sea-worthiness seizure ship sufficient supra surance Taunt tion total loss trade underwriters unless unseaworthy usage valuation vessel sailed voyage Wend whole words York
Pasajes populares
Página 544 - 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 146 - ... or in any manner to add to, or subtract from, or vary or qualify the terms of it, and thus to make a new contract ; which is to be proved, partly by the written agreement, and partly by the subsequent verbal terms engrafted upon what will be thus left of the written agreement.
Página 544 - 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 505 - The first is, that where the risk has not been run, whether its not having been run was owing to the fault, pleasure, or will of the insured, or to any other cause, the premium shall be returned ; because a policy of insurance is a contract of indemnity.
Página 162 - To be interested in the preservation of a thing is to be so circumstanced with respect to it as to have benefit from its existence, prejudice from its destruction.
Página 405 - Whether the party thus misrepresenting a fact knew it to be false, or made the assertion without knowing whether it were true or false, is wholly immaterial; for the affirmation of what one does not know, or believe to be true, is equally, in morals and law, as unjustifiable as the affirmation of what is known to be positively false.
Página 352 - ... the ships and vessels belonging to the citizens of the other must be furnished with sealetters or passports expressing the name, property, and bulk of the ship, as also the name and place of habitation of the master or commander...
Página 135 - The construction of all writtel1 contracts belongs to the court alone, whose duty it is to construe all such instruments, as soon as the true meaning of the words in which they are couched, and the surrounding circumstances, if any, have been ascertained as facts by the jury...
Página 20 - An act further to suspend the commercial intercourse between the United States and France and the dependencies thereof...
Página 39 - The defendants must be considered in law as making. during every instant of the time their letter was travelling, the same identical offer to the plaintiffs, and then the contract is completed by the acceptance of it by the latter.