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, Bind 644William Benning, 1845 - 852 sider |
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Side 6
... premium . But the plaintiffs inform the consignor of their having made the insurance , and he highly approves their acts , which brings the case within the maxim that ' omnis rati- habitio retrotrahitur mandato priori æquiparatur . ' I ...
... premium . But the plaintiffs inform the consignor of their having made the insurance , and he highly approves their acts , which brings the case within the maxim that ' omnis rati- habitio retrotrahitur mandato priori æquiparatur . ' I ...
Side 9
... premium and commission in the ship's accounts , which were open to the inspection of , and were actually inspected by , the other owners , and not objected to , the jury were warranted in finding that the managing owner had a joint ...
... premium and commission in the ship's accounts , which were open to the inspection of , and were actually inspected by , the other owners , and not objected to , the jury were warranted in finding that the managing owner had a joint ...
Side 11
... premium , exe- and the assured , that the loss had actually happened . Lord Denman , C. J. , in delivering the judgment , says , " The case of Earl of March v . Pigot ( b ) , is a direct authority in favour of the right to recover , if ...
... premium , exe- and the assured , that the loss had actually happened . Lord Denman , C. J. , in delivering the judgment , says , " The case of Earl of March v . Pigot ( b ) , is a direct authority in favour of the right to recover , if ...
Side 13
... premium , had agreed that if the past as well as goods had at the time of the purchase sustained any damage by perils of the sea , they would make it good . The plea therefore is bad in substance . It is no answer to an action on a ...
... premium , had agreed that if the past as well as goods had at the time of the purchase sustained any damage by perils of the sea , they would make it good . The plea therefore is bad in substance . It is no answer to an action on a ...
Side 19
... premium is greater . Lord Mansfield said , he thought it consistent with reason , and understood the usage was so : therefore he advised the plaintiff to withdraw juror , the premium having been paid into Court , to which he consented ...
... premium is greater . Lord Mansfield said , he thought it consistent with reason , and understood the usage was so : therefore he advised the plaintiff to withdraw juror , the premium having been paid into Court , to which he consented ...
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Almindelige termer og sætninger
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
Populære passager
Side 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...
Side 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...
Side 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...
Side 186 - ... as by the known usage of trade, or the like, acquired a peculiar sense, distinct from the popular sense of the same words...
Side 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.
Side 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...
Side 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...
Side 35 - interest or no interest," or "without further proof of interest than the policy itself," or "without benefit of salvage to the insurer...
Side 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.
Side 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...