Reports of Cases Adjudged in the Court of King's Bench:: From Hilary Term, the 14th of George III. 1774, to Trinity Term, the 18th of George III. 1778. Both Inclusive, Volume 2

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A. Strahan, law-printer to the King's Most Excellent Majesty, 1800 - 473 pages
 

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Page 682 - ... because that is not an explanation of what was said before, but an addition to it. But if, in the introduction, it had been averred that the defendant had a barn full of corn...
Page 786 - But as, by the law of merchants, all dealings must be fair and honest, fraud infects and vitiates every mercantile contract. Therefore, if there is fraud in a representation, it will avoid the policy, as a fraud, but not as a part of the agreement.
Page 568 - Is it conscientious then that the defendant should keep money which he has got by their misrepresentation, and should say, though there is no alteration in my account with my principal, this is a hit, I have got the money and I will keep it? If there had been any new credit given, it would have been proper to have left it to the jury to say, whether any prejudice had happened to the defendant by means of this payment: but here no prejudice at all is proved, and none is to be inferred.
Page 858 - The rules laid down in respect of the construction of deeds are founded in law, reason and common sense that they shall operate according to the intention of the parties, if by law they may ; and if they cannot operate in one form, they shall operate in that which by law will effectuate the intention.
Page 786 - he believes the man to be in good health," knowing nothing about it, nor having any reason to believe the contrary, there, though the person is not in good health, it will not avoid the policy, because the underwriter then takes the risk upon himself. So that there cannot be a clearer distinction than that which exists between a warranty which makes part of the written policy and...
Page 787 - It is said, he insured upon the credit of the first underwriter. A representation to the first underwriter, has nothing to do with that which is the agreement, or the terms of the policy. No man who underwrites a policy, subscribes, by the act of underwriting, to terms which he knows nothing of.
Page 682 - ... stated. But if, in the introductory part of the declaration, it had been averred that the defendant had a barn full of corn...
Page 672 - In contempt of our said Lord the King and his laws, to the evil and pernicious example of all others in the like case offending, and against the peace of our said Lord the King, his crown and dignity.
Page 786 - ... another to be in good health, when he knows at the same time he is ill of a fever, that will not avoid the policy, because by the warranty he takes the risk upon himself. But if there is no warranty, and he says, " the man is in good health," when in fact he knows him to be ill, it is false.
Page 667 - American captor, there is not a colour to say that there should have been a return of premium. So much then is clear ; and, indeed, perfectly agreeable to the ground of determination in the case of Stevenson v.

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