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abandon action afterwards againſt alſo amount appeared argument arrived aſſured average barratry becauſe benefit brought captain cargo carried caſe cauſe circumſtances commerce common conſequence conſidered contract convoy courſe court damage decided deciſion defendant deviation direct effect enemy England entitled evidence fact failed fhip firſt fraud freight French given ground happened held intended intereſt judges judgment jury Juſtice liable London Lord Mansfield maſter material means mentioned merchants muſt nature neceſſary never opinion owner paid parties perſon plaintiff policy of inſurance port premium preſent principles proved queſtion reaſon received recover reſpect riſk rule ſaid ſame ſay ſea ſeems ſhall ſhe ſhip ſhould ſome ſtated ſtatute ſubject ſuch ſum taken theſe thing thoſe tion total loſs trade trial underwriter uſe verdict veſſel void voyage warranty whole writers
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 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...