Arnould on the Law of Marine Insurance, Volume 2Stevens and Sons, 1866 - Average (Maritime law) |
From inside the book
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Page 553
... Lord Mansfield , " The contract depends on the event taking place . There is no latitude , no equity ; the only question is , has that event happened ? " And again , " The warranty in a contract of insurance is a condition or a ...
... Lord Mansfield , " The contract depends on the event taking place . There is no latitude , no equity ; the only question is , has that event happened ? " And again , " The warranty in a contract of insurance is a condition or a ...
Page 557
... Lord Kenyon , delivering the judgment of the Court , " that if the ship were well at any time on that day , it is sufficient , and that the defendant is consequently liable . ” 1 To the same effect is the operation of the warranty that ...
... Lord Kenyon , delivering the judgment of the Court , " that if the ship were well at any time on that day , it is sufficient , and that the defendant is consequently liable . ” 1 To the same effect is the operation of the warranty that ...
Page 562
... Lord Mansfield and the rest of the Court of King's Bench were of opinion that the voyage homewards had begun from St. Anne's , and that the ship had sailed within the meaning of the warranty , when she left St. Anne's Bay on the 26th of ...
... Lord Mansfield and the rest of the Court of King's Bench were of opinion that the voyage homewards had begun from St. Anne's , and that the ship had sailed within the meaning of the warranty , when she left St. Anne's Bay on the 26th of ...
Page 579
... Lord Alvanley ) , and S. C. in error , 5 East , 398 ( before Lord Ellen- borough ) . 3 Baring v . Claggett , 3 B. & P. 201 . Kent , C. J. , supposes that Lord Al- vanley did not know of the Act of Congress of 1802 , giving vessels not ...
... Lord Alvanley ) , and S. C. in error , 5 East , 398 ( before Lord Ellen- borough ) . 3 Baring v . Claggett , 3 B. & P. 201 . Kent , C. J. , supposes that Lord Al- vanley did not know of the Act of Congress of 1802 , giving vessels not ...
Page 581
... Lord Mansfield , “ if a neutral ship trades to a French colony with all the privileges of a French ship , and is thus adopted and naturalized , it must be looked on as a French ship , and is liable to be taken . " 1 1 This rule was ...
... Lord Mansfield , “ if a neutral ship trades to a French colony with all the privileges of a French ship , and is thus adopted and naturalized , it must be looked on as a French ship , and is liable to be taken . " 1 1 This rule was ...
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Common terms and phrases
according action actually adjustment agent allowed amount appears arrival assured authority average loss barratry Benecke benefit brought Camp captain cargo carried cause cent circumstances cited claim common condition consequence considered contract contribution cost course Court crew damage decision destination duty East effect Emerigon entitled evidence Exch expense express fact freight give given ground held insured intention interest jury liable London Lord Lord Ellenborough lost master meaning ment nature necessary neutral notice of abandonment original owner paid particular parties perils person Phillips plaintiff port practice premium principle proof question reason recover regard repairs respect risk rule sailed salvage saved says seaworthy seems ship sold stamp Stevens stranding taken Taunt term thereof thing tion total loss trade underwriter United unless vessel voyage warranty whole
Popular passages
Page 660 - Neutral goods, with the exception of contraband of war, are not liable to capture under enemy's flag; 4. Blockades, in order to be binding, must be effective ; that is to say, maintained by a force sufficient really to prevent access to the coast of the enemy.
Page 876 - ... and in case of any loss or misfortune it shall be lawful to the assured, their factors, servants, and assigns, to sue, labour, and travel for, in, and about the defence, safeguard, and recovery of the said goods and merchandizes and ship, &c., or any part thereof, without prejudice to this insurance ; to the charges whereof we, the assurers, will contribute each one according to the rate and quantity of his sum herein assured.
Page 679 - Where any damage or loss is caused to any goods, merchandise, or other things whatsoever on board the ship...
Page 1100 - Be it known that as well in own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all doth make assurance and cause and them, and every of them, to be insured lost or not lost...
Page 587 - The neutral flag covers enemy's goods, with the exception of contraband of war; 3. Neutral goods, with the exception of contraband of war, are not liable to capture under enemy's flag; 4.
Page 687 - Fire, Enemies, Pirates, Rovers, Thieves, Jettisons, Letters of Mart and Countermart, Surprisals, Takings at Sea, Arrests, Restraints and Detainments of all Kings, Princes, and 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 1101 - Exchange, or elsewhere in London. And so we the Assurers are contented, and do hereby promise and bind ourselves, each one for his own Part, our Heirs, Executors, and Goods, to the Assured, their Executors, Administrators, and Assigns, for the true Performance of the Premises, confessing ourselves paid the Consideration due unto us for this Assurance by the Assured at and after the Rate of per cent.
Page 958 - The said ship, &c, goods and merchandises, &c, for so much as concerns the assured by agreement between the assured and assurers...
Page 1100 - ... whereof is master under God, for this present voyage, or whosoever else shall go for master in the said ship, or by whatsoever other name or names the said ship, or the master thereof, is or shall be named or called...
Page 1104 - That if any person shall forge or counterfeit, or cause or procure to be forged or counterfeited, any...