826

INDEX TO THE NOTES.

ABANDONMENT,

History of, in Roux v. Salvador, 143.
Doctrine of, upon what founded, 144.
What is necessary to constitute, 164.

Not necessary in case of absolute total loss, ib.

Insured entitled "to salvage-loss without notice of abandonment," 165. In a proper case, on receiving intelligence of loss assured, may treat it as total or average, ib.

If treated as total, notice of, must be given within a reasonable time, ib. What is a reasonable time, depends upon circumstances of each case, ib. Assured, on receiving certain intelligence of disaster, should give notice of, without waiting for result, ib.

As on ship's capture, ib.

But he

may

Or detention in a foreign port, ib.

wait until he has received certain and accurate intelligence, ib. And has acquired a full knowledge of the damage done to the thing insured, 165, 166.

Will not be allowed to give notice of, after lying by and treating loss as average, 167.

Or if he prejudices the interests of the underwriters in recovering the proceeds of the insured property, ib.

Cannot be partial, 168.

Must be absolute and unconditional, ib.

Person not having unconditional right to possession of goods cannot make, ib.

Generally made in writing, ib.

May be by parol, ib.

Must be express and unequivocal, ib.

Underwriters, by conduct, may acquiesce in informal notice of, ib.

Notice of, when accepted, irrevocable, ib.

Though things insured be restored before action brought, ib.

And title of underwriters has relation back to time of alleged loss, ib. Acceptance of notice of, may be in writing, ib.

Or verbal, ib.

It must be distinct and unequivocal, ib.

If underwriters wish to dispute notice of, they must do so within a reasonable time, 169.

ABANDONMENT-continued.

Or they may be held bound by acquiescence, 169.

before acceptance may be revoked by acts of assured, ib.
Or waived, ib.

Acts of master as agent of both parties will not have that effect, ib.

Nor will acts of insured, unless they clearly amount to acts of owner-
ship, ib.

Effects of, ib.

operates as an assignment to the insurers, ib.

Except in the case of a ship where in consequence of the Registry Acts

it amounts merely to an agreement to assign, ib.

Thing transferred by, to underwriters, is termed "Salvage," ib.
Losses that give rise to right of, are termed, what, ib.

Incidents to things abandoned pass with it, ib.

As claim on account of damage from collision, ib.

Proceeds of reprisals, ib.

Freight earned by ship instead of freight insured, ib.

Freight pending at the time of casualty will belong to underwriters on
ship, 170.

Or freight earned after abandonment, ib.

Where owners of ship and cargo are distinct, underwriters on ship be-
come entitled to freight pending at, and earned after, casualty, 171.
And shipowner cannot recover it from underwriter on freight, 171, 172.
Where same person is owner of ship and cargo, freight will not, upon,
pass to underwriters on ship, 172.

As to deductions made from freight before proceeds paid to underwriters,
173. See TOTAL LOSS.

ABSOLUTE TOTAL LOSS. See TOTAL LOSS.

ACCOUNTS

Between partners taken by Courts of Equity, 326.

Whether it is essential that dissolution of partnership should be sought,
ib. See PARTNERSHIP.

ACKNOWLEDGMENT,

ACT

Partner can bind firm by, 271. See PARTNER-PARTNERSHIP.

Of partner in proceedings in law or equity law are binding on the firm,
276. See PArtner.

ADJUSTMENT OF AVERAGE.

Underwriters' liability to make good loss, depends upon principle of in-
demnity, 192.

Standard of value in the case of a valued policy, ib.

an open policy, ib.

Example in the case of a valued policy where there is a total loss, 193.
Assured not required to prove value of thing assured, ib.

Except in case of fraudulent overvaluation, ib.

Immaterial that thing insured is reduced in value at time of loss, ib.
Example in case of total loss, where there has been no valuation, ib.
Where loss is partial, in the case of an open policy the prime cost is
standard for ascertaining liability, ib.

In the case of a valued policy the sum fixed, ib.
Proportion of loss, how calculated, ib.

ADJUSTMENT OF AVERAGE-continued.

Rule for ascertaining sum to be paid by the insurers, 193.

Rule equally applicable, whether goods come to a rising or a falling
market, ib.

Lord Mansfield's illustration of the rule, 194.

Lord Ellenborough's observations upon it, ib.

To what amount insurer should insure in order to keep within principle
of indemnity, ib.

In calculating a partial loss on a policy, the difference between the re-
spective gross proceeds of the sale of sound and damaged goods should
be taken, ib.

And not the net proceeds, ib.

Where, on trial, amount of loss is left to be ascertained by an arbitrator,

195.

In case of valued policy, liability of underwriters where part of cargo is
on board, ib.

In the adjustment of particular average on a continuing policy, ib.
In the case of a ship in valued policies, the sum fixed, except in cases of
fraud, is the standard for the adjustment of particular average, ib.
In open policies, the value of ship at the commencement of risk, ib.
Mode of adjusting particular average on ship, 196.

Rule as to the deduction of one-third of the expenses of repairs of
ship, ib.

Not applicable on first voyage, ib.

As to what will be considered a first voyage, ib.
Rule of the Marine Insurance Company, ib.

Preference of Lord Abinger for the last rule, ib.

No deduction of one-third where the owner could not regain ship through
default of underwriters, ib.

Secus where ship was not regained through owner's default, 197.
Expenses for repairs may be recovered in addition to total loss, when, ib.
But not for an average loss where no expenses have been incurred in
addition to a total loss, ib.

Secus if average loss has been followed by an improper sale of ship, 198.
Adjustment of partial loss on freight, ib.

Where part only of the cargo is on board or contracted for in a valued
policy at the time of loss, ib.

In open policy on freight, loss is adjusted on the gross, and not on the
net amount of the freight, ib.

Where part only of the cargo is on board or contracted for in case of
open policy at time of loss, 199.

Valuation in policy conclusive only between the assured and under-
writers, ib.

And without taking into consideration what has been transacted between
assured and third persons, ib.

Insurer effecting two insurances declaring the same value in each, bound
by it, 200.

Where assured has an interest in cargo on a valued policy, unnecessary
for him to prove the amount, ib.

ADMISSION,

Partner can bind firm by, 270, 271. See PARTNER-PARTNERSHIP.

ADMISSION OF PARTNER

In proceedings in law or equity, how far binding on firm, 276.
See PARTNER.

AGENT.

Partner agent for firm, 265.. See PARTNER-PArtnership.
ALIEN

Friend may enter into partnership, 305.

But not an alien enemy, ib.

Or a person domiciled in an alien enemy's country, ib. See PARTner-

SHIP.

Friend protected in the enjoyment of trade marks. See TRADE MARKS.
APPORTIONMENT

Of premium on maritime insurance, when made, 209. See PREMIUM.
APPROPRIATION

Of goods in performance of contract of sale, 519.
CHATTELS.

APPROPRIATION OF PAYMENTS.

Explanation of the term, 17.

1. Rule. Debtor in the first instance has power to make, ib.

At the time of making a payment, ib.

By declaring his wish in express terms, 17, 18.

See SALE OF

Or it may be inferred from his conduct or circumstances of payment, 18.
Where payment is made in consequence of application for a particular
debt, ib.

or of exact amount of goods supplied, 19.

or within time allowed for discount, ib.

to a banker who has a subsisting demand is a payment
and not a deposit, ib.

generally on account of principal and interest, will be
attributed to debts not barred by Statute of Limita-
tion, ib.

2. Rule. Creditor may make, if debtor do not, 20.

And court of law will recognize when made in discharge of an equitable
debt, ib.

May be made by creditor at any time before trial, ib.

But if communicated to the debtor it cannot be altered, 21.

Cannot make to an unlawful demand, ib.

But may to a debt barred by statute, ib.

as by Statute Limitations, ib.

or by Statute regulating sale of Spirituous Liquors, ib.
Attorney may make, in respect of costs not enforceable at law, when, ib.
Creditor cannot make, to prevent operation of Statute of Limitations, ib.
General payment applicable to legal debt in preference to an uncertain or
disputed debt, 23.

Cannot be appropriated to debt due from the payor as executor when
another is due from him in his own right, ib.

Entire demand cannot be split by creditor for the purpose of making, ib.
As in the case of attorney's bill containing taxable and non-taxable
items, ib.

3. Rule. Where neither party makes, law does to earlier debt, ib.
As the first item of a general banking account, ib.