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A Practical Treatise Or Compendium of the Law of Marine Insurances
John Ilderton Burn
No preview available - 2015
A Practical Treatise Or Compendium of the Law of Marine Insurances (Classic ...
John Ilderton Burn
No preview available - 2016
abandon action afterwards againſt alſo amount appeared arrived aſſured average barratry becauſe benefit bound brought called captain cargo caſe cauſe CHAP CHAPTER circumſtances Company conſequence conſidered contract convoy courſe court damage defendant depart deviation direct diſcharged Dougl effect evidence fact failed fhip firſt foreign fraud freight ground happened held inſtructions inſured intended intereſt intitled jury Juſtice latter liable loft London Lord Lord Kenyon Lord Mansfield loſs loſt mariners maſter material meaning ment merchants muſt nature never opinion owner paid Park parties perils perſon plaintiff policy of inſurance port premium privateer proved queſtion reaſon received recover riſk rule ſaid ſame ſea ſhall ſhe ſhip ſhould ſome ſtated ſtatute ſubject ſuch taken theſe thing thoſe trade underwriter uſage uſed uſual verdict void voyage warranty whole
Page 12 - ... 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 194 - Court, that if there had been a reference depending, or made and determined, it might have been a bar ; but the agreement of the parties cannot oust this Court; and as no reference has been, nor any is depending, the action is well brought, and the plaintiff must have judgment.
Page 212 - 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 185 - And though it was objected, that fuch a breach of the policy ihouKi be laid, as the infurer may have notice to defend it ; it is fo in this cafe, for they have laid the accident, which is fuffieient notice, becaufe it muft oeceflarily follow that fome damage did happen.
Page 41 - He is bound to know every cause which may occasion political perils, from the rupture of states, from war, and the various operations of war. He is bound to know the probability of safety, from the continuance and return of peace ; from the imbecility of the enemy, through the weakness of their councils or their want of strength.
Page 42 - The reason of the rule which obliges parties to disclose is to prevent fraud, and to encourage good faith. It is adapted to such facts as vary the nature of the contract ; which one privately knows, and the other is ignorant of, and has no reason to suspect.
Page 21 - ... for the freight the fhip would have earned in the voyage, if the accident had not happened. But, as the goods were not actually on board, fo as to make the plaintiff's right to freight commence; Lord Chief Juftice Lee held, he could not be allowed it, and he was nonfuited.
Page 152 - Not by any price at the outset port; but it must be at the port of delivery, where the voyage is completed and the whole damage known. Whether the price there be high or low, in either case it equally...