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action Admiralty afterwards againſt allowed alſo amount appeared apply arrived aſſured becauſe brought captain cargo caſe cauſe Company condemnation condition conſidered contract convoy courſe court damage decided deciſion defendant deviation direct diſcharged effect enemy England evidence fact failed fire firſt foreign fraud French give given ground happened held houſe ibid intended intereſt judgment jury Juſtice liable London Lord Lord Mansfield loſs maſter mean mentioned months muſt neutral never object opinion owner paid parties perſon plaintiff policy of inſurance port premium preſent proceeded prove queſtion reaſon received recover riſk rule ſaid ſail ſame ſay ſentence ſhall ſhe ſhip ſhould ſome ſtated ſtatute ſubject ſuch ſum taken Term theſe thing thip thoſe tion trade trial underwriter uſage uſe verdict veſſel void voyage warranty whole
Page 625 - THIS INDENTURE made the twenty sixth day of June in the thirtieth year of the Reign of our Sovereign Lord George the Third by the Grace of God of Great Britain France and Ireland King Defender of the Faith &c.
Page 622 - 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 622 - Assigns, to sue, labour, and travel for, in and about the Defence, Safeguard and Recovery of the said Goods and Merchandises and Ship, &c., or any Part thereof, without Prejudice to this Insurance ; to the Charges whereof we, the Assurers, will contribute, each one according to the Rate and Quantity of his sum herein assured.
Page 627 - SECTION 21. And be it further enacted, That, in order to avoid misconstruction, it is hereby declared to be the true intent and meaning of this act, so far as the question of slavery is concerned, to carry into practical operation the following propositions and principles, established by the compromise measures of 1850, to wit:
Page 516 - The underwriter receives a premium for running the risk of indemnifying the insured, and whatever cause it be owing to, if he does not run the risk, the consideration, for which the premium or money was put into his hands, fails, and therefore he ought to return it...
Page 622 - Ship, &c., or any part thereof ; and in case of any Loss or Misfortune it shall be lawful to the Assured, their Factors, Servants, and Assigns, to sue, labour, and travel for, in, and about the Defence, Safeguard, and Recovery of the said Goods, Merchandises, and Ship, &c. , or any part thereof, without prejudice to this Insurance ; to the charges whereof we, the Assurers, will contribute each one according to the rate and quantity of his sum herein assured.
Page 462 - Exchange ; and in other countries, at fome place of general refort; and any perfon interefted may come in and appeal at any time, if there has been no laches. If there has, the time of appeal is limited. But the fentence, as to that which is within it, is conclufive againft all perfons, unlefs reverfed by the regular court of appeal.
Page 571 - Nnvbavrn was indebted to the plaintiff and a Mr. Mitchell, in a large fum of money ; part of which debt had been affigned by them to another perfon ; the remainder being more than the amount of the fum infured, was, upon a fettlement of accounts between the plaintiff and Mitchell, agreed by them to remain to the account of Mitchell only. — Lord Kenyan, who tried the caufe, was of opinion, that this debt was a fufficient intereft.
Page 607 - We do not fay a conGgnee may not iufure, we only fay that he is fo far identified in intereft and right with his confignor, as not to be able to apply with effect to his own...