The Law of Contracts, Bind 2Little, Brown, 1866 |
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Side 261
... bottomry bond where the vessel belonged to an adjoining State , and as the necessity which author- izes the giving a bond differs from the ne- cessity anthorizing the imposition of a lien only in respect to the maritime interest , no ...
... bottomry bond where the vessel belonged to an adjoining State , and as the necessity which author- izes the giving a bond differs from the ne- cessity anthorizing the imposition of a lien only in respect to the maritime interest , no ...
Side 278
... bottomry bond , or to satisfy a lien which admiralty would enforce , it would be valid and binding upon all courts and all parties of all nations , ( h ) unless it could be proved to be vitiated by fraud . But it seems that if the ...
... bottomry bond , or to satisfy a lien which admiralty would enforce , it would be valid and binding upon all courts and all parties of all nations , ( h ) unless it could be proved to be vitiated by fraud . But it seems that if the ...
Side 280
... Bottomry . Hypothecation by bottomry is at once one of the most an- cient and one of the most common transactions of shipping . It is almost , if not quite always , effected by an instrument known as a bottomry bond . The word Bottomry ...
... Bottomry . Hypothecation by bottomry is at once one of the most an- cient and one of the most common transactions of shipping . It is almost , if not quite always , effected by an instrument known as a bottomry bond . The word Bottomry ...
Side 281
... bottomry bonds . They are certainly and emi- nently maritime contracts . A bottomry bond transfers the ship to the bottomry creditor , as a security for advances made by him . In this respect it is similar to a mortgage or a pledge . It ...
... bottomry bonds . They are certainly and emi- nently maritime contracts . A bottomry bond transfers the ship to the bottomry creditor , as a security for advances made by him . In this respect it is similar to a mortgage or a pledge . It ...
Side 282
... bottomry bond , which simply declares the amount of the whole interest . It is absolutely essential to a bottomry bond , that the lender should assume this risk . At the same time , mortgages of other property , or any other securities ...
... bottomry bond , which simply declares the amount of the whole interest . It is absolutely essential to a bottomry bond , that the lender should assume this risk . At the same time , mortgages of other property , or any other securities ...
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Almindelige termer og sætninger
action agent agreement amount assumpsit authority bailee bailment bailor Bank Barb bill of lading Bing boat bottomry bound cargo carry cause charge charter-party claim common carrier common law Conn consignee court creditor Cush damages debt defendant delivered delivery discharge Duer Exch fact fendant fire fraud freight Gray Greenl gross negligence guarantor guaranty guest Hagg held Hill N. Y. hire hirer horse injury innkeeper insured Johns jury law merchant liable lien Lord Lord Ellenborough loss marriage Mass master ment notice obligation owner paid party passengers payment Penn person Pick plaintiff pledge port possession principle promise quantum meruit question Railroad Railway reasonable receive recover repairs responsible rule servant ship Smith special contract Sprague statute statute of frauds Steamboat sufficient Sumner surety thing tion transportation unless usage vessel voyage warranty Wend
Populære passager
Side 613 - And the said records and judicial proceedings, so authenticated, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from which they are taken.
Side 63 - ... to charge any person upon any agreement made upon consideration of marriage; or upon any contract or sale of lands, tenements or hereditaments or any interest in or concerning them...
Side 265 - That no bill of sale, mortgage, hypothecation, or conveyance of any vessel, or part of any vessel of the United States, shall be valid against any person other than the grantor or mortgagor, his heirs and devisees, and persons having actual notice thereof; unless such bill of sale, mortgage, hypothecation, or conveyance be recorded in the office of the Collector of the Customs where such vessel is registered or enrolled...
Side 757 - ... no tradesman, artificer, workman, labourer, or other person whatsoever shall do or exercise any worldly labour, business or work of their ordinary callings, upon the Lord's Day, or any part thereof (works of necessity and charity only excepted...
Side 336 - December next, every master or commander of any ship or vessel, bound from a port in the United States to any foreign port, or of any ship or vessel of the burden of fifty tons or upwards, bound from a port in one State to a port in any other than an adjoining State...
Side 612 - Under this provision it has been enacted, that " the records and judicial proceedings of the courts of any state shall be proved or admitted, in any other court within the United States, b^ the attestation of the clerk and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestation is in due form.
Side 201 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Side 531 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the Defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Side 223 - When carriers undertake to convey persons by the powerful but dangerous agency of steam, public policy and safety require that they be held to the greatest possible care and diligence. And whether the consideration for such transportation be pecuniary or otherwise, the personal safety of the passengers should not be left to the sport of chance, or the negligence of careless agents. Any negligence, in such cases, may well deserve the epithet of
Side 552 - ... means, that, if it stand doubtful upon the words whether they import a false reference or demonstration, or whether they be words of restraint that limit the generality of the former words, the law will never intend error or falsehood. If, therefore, there is some...