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 97
... defendant undertakes to indemnify against the usual risks for a premium of 21. 10s . per cent . The loss was described in the first count of the declaration , in these words : - That the said ship , after her departure from Nevis on her ...
... defendant undertakes to indemnify against the usual risks for a premium of 21. 10s . per cent . The loss was described in the first count of the declaration , in these words : - That the said ship , after her departure from Nevis on her ...
Página 98
... defendant underwrote the policy of insurance , and that the plaintiffs were interested to the amount as in the decla- ration is mentioned : that the ship in question was a French- built ship , and known to be so to the defendant at the ...
... defendant underwrote the policy of insurance , and that the plaintiffs were interested to the amount as in the decla- ration is mentioned : that the ship in question was a French- built ship , and known to be so to the defendant at the ...
Página 103
... defendant says , that the evidence aforesaid , in manner and form aforesaid , shown by the plaintiffs to the jury , is not sufficient in law to maintain the issue within joined on the part of the said plaintiffs ; and that he the defendant ...
... defendant says , that the evidence aforesaid , in manner and form aforesaid , shown by the plaintiffs to the jury , is not sufficient in law to maintain the issue within joined on the part of the said plaintiffs ; and that he the defendant ...
Página 147
... defendant and several others of the underwriters refused to sign , or give their consent to it . The defendant hath paid the whole of the average loss , occasioned by the loss of the ship Duras , and by the damage of the plaintiffs ...
... defendant and several others of the underwriters refused to sign , or give their consent to it . The defendant hath paid the whole of the average loss , occasioned by the loss of the ship Duras , and by the damage of the plaintiffs ...
Página 160
... defendant paid into Court as much as , upon an average , he was liable to for the loss of the ship : but the ... defendant's counsel obtained a rule for a new ( b ) 3 T. R. 362 . ( a ) 2 Strange , 1251 . trial , which he afterwards ...
... defendant paid into Court as much as , upon an average , he was liable to for the loss of the ship : but the ... defendant's counsel obtained a rule for a new ( b ) 3 T. R. 362 . ( a ) 2 Strange , 1251 . trial , which he afterwards ...
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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...