A System of the Law of Marine Insurances: With Three Chapters, on Bottomry, on Insurances on Lives, on Insurances Against Fire, Volume 1J. Butterworth, 1809 - 680 pages |
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Common terms and phrases
abandon action affured againſt alfo alſo anſwer arifing barratry becauſe bottomry cafe captain capture cargo caſe caufe cauſe CHAP circumftances confequence confideration confidered contract convoy counſel courſe court damage decifion declared defendant deviation diſcharged enemy England eſtabliſhed expence exprefs fafe faid failed falvage fame faved feems fhall fhew fhip fhould firſt fome fraud freight ftate ftatute fubfequent fubject fuch fufficient fuppofed fured Guildhall happened himſelf inferted inſurance intereft Jamaica Juftice jury liable loffes loft London Lord Ellenborough Lord Kenyon Lord Mansfield loſs mafter merchant moſt muft muſt neceffary neceffity obferved occafion opinion owner paid parties perfon plaintiff policy of infurance port prefent premium provifions purpoſe queſtion reaſon recover refpect riſk ſaid ſeems ſhall ſhe ſhip ſpecial ſtated ſuch thefe theſe thofe thoſe tion total lofs trade trial ufage underwriter unleſs uſe veffel verdict Vide void voyage warranty
Popular passages
Page 630 - 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.
Page 629 - ... until she hath moored at anchor twenty-four hours in good safety; and upon the goods and merchandises, until the same be there discharged and safely landed.
Page 108 - ... 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.
Page 253 - ... is a fraud, and therefore the policy is void. Although the suppression should happen through mistake, without any fraudulent intention; yet still the underwriter is deceived, and the policy is void; because the risque run is really different from the risque understood and intended to be run, at the time of the agreement.
Page 514 - The place had not been procured, and the party who had paid the money, having brought his action to recover it back ; it was held that he fhould recover, becaufe the contract remained executory.
Page xxxix - ... to the judge of the admiralty, the recorder of London, two doctors of the civil law, two common lawyers...
Page 522 - ... 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. The underwriter receives a premium for running the risk of indemnifying the...
Page 629 - Upon any kind of goods and merchandises, and also upon the body, tackle, apparel, ordnance, munition, artillery, boat and other furniture, of and in the good ship or vessel called the...
Page 631 - Pounds of good and lawful Money of Great Britain, to be paid to...
Page 420 - American army ; but there was not sufficient direct evidence of that fact. At the trial, Lord Mansfield told the jury that if they thought the voyage intended was to Cadiz, they must find for the plaintiff.