A Selection of Leading Cases on Mercantile and Maritime Law: With Notes |
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Page 17
... consideration , and is an authority of great weight . " Boden- ham v . Purchas , 2 B. & Ald . 46 ; and see Taylor v . Kymer , 3 B. & Ad . 333 ; Brooke v . Enderby , 2 Brod . & Bing . 70 ; Williams v . Rawlinson , 10 J. B. Moore , 371 ...
... consideration , and is an authority of great weight . " Boden- ham v . Purchas , 2 B. & Ald . 46 ; and see Taylor v . Kymer , 3 B. & Ad . 333 ; Brooke v . Enderby , 2 Brod . & Bing . 70 ; Williams v . Rawlinson , 10 J. B. Moore , 371 ...
Page 26
... consideration , we know not at what conclusion we can possibly arrive , except that this bond was given as a continuing se- curity , and consequently has not been discharged . " See also Wil- liams v . Rawlinson , 10 J. B. Moore , 371 ...
... consideration , we know not at what conclusion we can possibly arrive , except that this bond was given as a continuing se- curity , and consequently has not been discharged . " See also Wil- liams v . Rawlinson , 10 J. B. Moore , 371 ...
Page 32
... consideration , to the preserva- tion of human life . As to cases of authority exercised over the cargo , deliberately and in safety , in a foreign port , the utmost that is directly sanctioned is a power to sell a part ; but this ...
... consideration , to the preserva- tion of human life . As to cases of authority exercised over the cargo , deliberately and in safety , in a foreign port , the utmost that is directly sanctioned is a power to sell a part ; but this ...
Page 34
... consideration were di- rected solely to the case of hypothecation of ship and furniture . The other authorities that have been cited will be found in the same manner irrelevant . Molloy relies entirely on the Article of Oleron , and far ...
... consideration were di- rected solely to the case of hypothecation of ship and furniture . The other authorities that have been cited will be found in the same manner irrelevant . Molloy relies entirely on the Article of Oleron , and far ...
Page 41
... consideration which founds the rule of law that applies to the hypothecation of a ship . In all cases it is the prospect of benefit to the proprietor that is the foundation of the authority of the master . It is therefore true , that if ...
... consideration which founds the rule of law that applies to the hypothecation of a ship . In all cases it is the prospect of benefit to the proprietor that is the foundation of the authority of the master . It is therefore true , that if ...
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Common terms and phrases
abandonment act of bankruptcy action afterwards agent amount appears arises assignment assured authority bank bankrupt Beav bill bill of lading Bing blockade bond bottomry British Campb capture carried charter-party chattels circumstances claim colony considered consignee contraband contract Court court of equity Crawshay damaged debt debtor deed defendant delivered delivery East effect enemy England entitled equity Exch firm fraud fraudulent freight French held hypothecation indorsed insured interest joint creditors judgment law of France liable lien Lord Lord Eldon Lord Ellenborough Lord Mansfield master ment merchants neutral neutral country notice opinion paid parties partner partnership payment person plaintiff port possession principle purchaser purpose question racter recover repairs Royal Exchange Assurance rule sailed Scott sell sold taken tion total loss trade transaction trover trust underwriters vendee vendor vessel voyage whole
Popular passages
Page 566 - Such notice may be given either to the person in actual possession of the goods or to his principal. In the latter case the notice, to be effectual, must be given at such time and under such circumstances that the principal, by the exercise of reasonable diligence, may communicate it to his servant or agent in time to prevent a delivery to the buyer.
Page 621 - Document of title to goods" includes any bill of lading, dock warrant, warehouse receipt or order for the delivery of goods, or any other document used in the ordinary course of business...
Page 80 - All loss which arises in consequence of extraordinary sacrifices made, or expenses incurred, for the preservation of the ship and cargo comes within general average, and must be borne proportionately by all who are interested.
Page 811 - East, from the oldest times, an immiscible character has been kept up ; foreigners are not admitted into the general body and mass of the society of the nation; they continue strangers and sojourners as all their fathers were— — Doris amara suam non intermiscuit undam...
Page 606 - ... taken or received by transfer or delivery by some person or body corporate for a just and valuable consideration, without any notice...
Page 809 - Of the few principles that can be laid down generally, I may venture to hold, that time is the grand ingredient in constituting domicil. I think that hardly enough, is attributed to its effects ; in most cases it is unavoidably conclusive ; it is not unfrequently said, that if a person comes only for a special purpose, that shall not flx a domicil.
Page 539 - But if the court should be of opinion that the plaintiffs are not entitled to recover...
Page 126 - 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 463 - ... or make or cause to be made, either within this realm or elsewhere, any fraudulent grant or conveyance of any of his lands, tenements, goods, or chattels, or make or cause to be made any fraudulent surrender of any of his copyhold lands or tenements, or make or cause to bo made any fraudulent gift, delivery, or transfer of any of his goods or chattels...
Page 400 - That if any bankrupt at the time he becomes bankrupt shall, by the consent and permission of the true owner thereof, have in his possession, order, or disposition any goods or chattels whereof he was reputed owner, or whereof he had taken upon him the sale, alteration, or disposition as owner, the Court shall have power to order the same to be sold and disposed of for the benefit of the creditors under the bankruptcy...