A Treatise on the Law of Marine Insurance and General Average, Volume 1Little, Brown,, 1868 - Average |
From inside the book
Results 1-5 of 100
Page 2
... tion as an instrument of commerce . Here it is enough to say , that the commerce of earlier ages had been made possible by the inven- tion of coined money , which thus became the representative of all - - ― value , and was itself a ...
... tion as an instrument of commerce . Here it is enough to say , that the commerce of earlier ages had been made possible by the inven- tion of coined money , which thus became the representative of all - - ― value , and was itself a ...
Page 18
... tion of the legality of such insurances was never fairly met and decided by Lord Mansfield , as is shown by what fell from Buller , J. , in Bell v . Gilson , 1 B. & P. 345 , 354. " When , " says he , " the case of Gist v . Mason came on ...
... tion of the legality of such insurances was never fairly met and decided by Lord Mansfield , as is shown by what fell from Buller , J. , in Bell v . Gilson , 1 B. & P. 345 , 354. " When , " says he , " the case of Gist v . Mason came on ...
Page 35
... tion : " Suppose a loss by fire had occurred , and the buildings , the subject of the proposed insurance , had been destroyed , would any liability have thereby attached to the plaintiffs , by reason of these policies ? Clearly not ...
... tion : " Suppose a loss by fire had occurred , and the buildings , the subject of the proposed insurance , had been destroyed , would any liability have thereby attached to the plaintiffs , by reason of these policies ? Clearly not ...
Page 46
... tion of the company was to insure for the benefit of any person in interest , although not named , the common inter- est of the parties shall not be defeated for the want of technical or even cus- tomary phrases . If , on the other hand ...
... tion of the company was to insure for the benefit of any person in interest , although not named , the common inter- est of the parties shall not be defeated for the want of technical or even cus- tomary phrases . If , on the other hand ...
Page 52
... tion upon it in his own name . A bill of lading " to order or assigns " is not such a negotiable instrument . Thomp- son v . Dominy , 14 M. & W. 402 ; How- ard v . Shepherd , 9 C. B. 297 ; San- ders v . Vanzeller , 4 Q. B. 260 ; Tin ...
... tion upon it in his own name . A bill of lading " to order or assigns " is not such a negotiable instrument . Thomp- son v . Dominy , 14 M. & W. 402 ; How- ard v . Shepherd , 9 C. B. 297 ; San- ders v . Vanzeller , 4 Q. B. 260 ; Tin ...
Contents
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Other editions - View all
A Treatise on the Law of Marine Insurance and General Average, Vol. 1 of 2 ... Theophilus Parsons No preview available - 2017 |
A Treatise on the Law of Marine Insurance and General Average, Vol. 2 of 2 ... Theophilus Parsons No preview available - 2015 |
Common terms and phrases
agent amount ance applied Arnould arrival assured avoid the policy barratry bond bottomry bound broker Caines Campb capture cargo charter-party charterer circumstances cited clause commencement concealment considered contract of insurance convoy court held court of equity Cranch declared defendants Dougl East England entitled evidence fact Fire fraud freight ground hypothecate implied warranty indorsement insurable interest intention Johns jury Justice Story liable lien Lord Eldon Lord Ellenborough Lord Mansfield Lord Tenterden lost marine Mass master material meaning ment merchants misrepresentation mortgage neutral open policy opinion owner paid parties Pick plaintiff policy of insurance port premium principle profits property insured question reason recover reinsurance representation risk rule ship sufficient supercargo supra surance Taunt tion total loss trade underwriters unseaworthy usage valuation vessel sailed void voyage warranty of sea-worthiness Wend whole words York
Popular passages
Page 564 - People, of what Nation, Condition, or Quality soever, Barratry of the Master and Mariners, and of all other Perils, Losses, and Misfortunes, that have or shall come to the Hurt, Detriment, or Damage of the said Goods and Merchandises and Ship, &c., or any Part thereof...
Page 146 - ... after the agreement has been reduced into writing, it is competent to the parties, at any time before breach of it, by a new contract not in writing, either altogether to waive, dissolve, or annul the former agreement, or in any manner to add to or subtract from, or vary or qualify, the terms of it, and thus to make a new contract ; which is to be proved, partly by the written agreement, and partly by the subsequent verbal terms engrafted upon what will be thus left of the written agreement.
Page 80 - no friend to the almost indiscriminate habit of late years, of setting up particular usages or customs in almost all kinds of business and trade, to control, vary, or annul the general liabilities of parties under the common law, as well as under the commercial law.
Page 29 - England have decided, that a person who removes to a foreign country, settles himself there, and engages in the trade of the country, furnishes, by these acts, such evidence of an intention permanently to reside there, as to stamp him with the national character of the State where he resides.
Page 162 - To be interested in the preservation of a thing is to be so circumstanced with respect to it as to have benefit from its existence, prejudice from its destruction.
Page 436 - I apprehend, that it can never be proper to resort to any usage or custom to control or vary the positive stipulations in a written contract, and, a fortiori, not in order to contradict them. An express contract of the parties is always admissible to supersede, or vary, or control, a usage or custom ; for the latter may always be waived at the will of the parties.
Page 581 - But the judgment of a foreign consular or colonial court shall not be conclusive upon the parties as to the fact of there having been articles contraband of war on board ; or as to the fact of an attempt to trade in violation of the law of nations.
Page 135 - The construction of all written instruments belongs to the Court alone, whose duty it is to construe all such instruments, as soon as the true meaning of the words in which they are couched, and the surrounding circumstances, if any, have been ascertained as facts by the jury : and it is the duty of the jury to take the construction from the Court, either absolutely, if there be no words to be construed as words of art, or phrases used in commerce, and no surrounding circumstances to be ascertained;...
Page 352 - ... the ships and vessels belonging to the citizens of the other must be furnished with sealetters or passports expressing the name, property, and bulk of the ship, as also the name and place of habitation of the master or commander...
Page 20 - An act further to suspend the commercial intercourse between the United States and France and the dependencies thereof...