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" ... performed there is no contract. It is perfectly immaterial for what purpose a warranty is introduced ; but, being inserted, the contract does not exist unless it be literally complied with. Now in the present case. the condition was the sailing of... "
Essays: Upon I. The Law of Evidence. II. New Trials. III. Special Verdicts ... - Page 365
by John Morgan (Barrister-at-law) - 1789
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A System of the Law of Marine Insurances: With Three Chapters on Bottomry ...

Sir James Allan Park - 1787 - 530 pages
...purpofe a warranty is introduced; but being inferted, the contract does not exift unlefs it is literally complied with. Now in the prefent cafe, the condition Was, the failing of the fliip with a certain number of men, which not being complied with, the policy is of no effect. Mr....
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A System of the Law of Marine Insurances: With Three Chapters on Bottomry ...

Sir James Allan Park - 1799 - 570 pages
...a warranty is introduced i but being infcrtctl, the contract does not exift imlefs it Js literally complied with. Now in the prefent cafe, the condition...was,, the failing of the fhip with a certain number men, which tiot being complied with, the policy is of no. Mr. Juftice Afthurft. " The very meaning...
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A System of the Law of Marine Insurances: With Three Chapters on Bottomry ...

James Allan Park - 1800 - 599 pages
...being infcrted, the contract does not exift unlefs it is literally complied with. Now in the prefcnt cafe, the condition was, the failing of the fhip with...of men, which not being complied with, the policy Mr. Juftice Ajhburft. "The very meaning of a warranty is, to preclude all queftions whether it...
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A Practical Treatise Or Compendium of the Law of Marine Insurances

John Ilderton Burn - 1801 - 235 pages
...inferted, the contract does not " exift unlefs it is literally complied with. " Now, in the prcfeut cafe, the condition " was, the failing of the fhip...men ; which not being complied " with, the policy is of no effect." Honev. If a man warrant to fail on a particular day, and be guilty of a breach of that...
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A System of the Law of Marine Insurances: With Three Chapters, on Bottomry ...

Sir James Allan Park - 1809 - 680 pages
...being inferted, the contract does not exifl unlefs it is literally complit-d with. Now in the prefsnt cafe, the condition was, the failing of the fhip with...men, which not being complied with, the policy is of no effect." Mr. Jaftice AJliturj!." The very meaning of a warranty is to preclude all queftions...
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A System of the Law of Marine Insurances: With Three Chapters, on ..., Volume 1

James Allan Park - 1809 - 680 pages
...a warranty is introduced ; but being inferred, the contract does not exift utilefs it is literally complied with. Now in the prefent cafe, the condition was, the failing of the fhip with a cerlain number of men, which not being complied with, the policy is of no effect." Mr. Juftice djbburjl....
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Term Reports in the Court of King's Bench, Part 185, Volume 1

Great Britain. Court of King's Bench, Charles Durnford - 1817
...unless it be literally complied with. Now in the present case, the condition was the sailing of the ship with a certain number of men ; which not being complied...The very meaning of a warranty is to preclude all questions whether it has been substantially complied with ; it must be literally so. BULI.IK, J. It...
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Irish Law Reports: Particularly of Points of Practice, Argued and ..., Volume 6

Ireland. Court of King's Bench - 1844
...does not exist, " unless it be literally complied with. The condition was the sailing of "the ship with a certain number of men ; which not being complied with, " the policy is void." Now, in that case it was not made a condition in express terms ; but it is dealt with as if it had...
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A Treatise on the Principles of the Law of Marine Insurance: In ..., Volume 644

Francis Hildyard - 1845 - 852 pages
...it is literally complied with. Now in the present case, the condition was, the sailing of the ship with a certain number of men, which not being complied with, the policy is of no effect." Mr. Justice Butter. " It is impossible to divide the words written in the margin,...
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A Treatise on the Law of Marine Insurance and General Average, Volume 1

Theophilus Parsons - 1868
...it be literally complied with. Now, in the present case, the condition was the sailing of the ship with a certain number of men, which not being complied with, the policy is void." And Ashurst, J., in the same case, said: " The very meaning of a warranty is to preclude all questions...
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