Arnould on the Law of Marine Insurance, Volume 2Stevens and Sons, 1866 - Average (Maritime law) |
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Page 552
... Phillips considers this distinction well taken , if rigo- rously confined to cases of the same character . * But on the whole , it appears better to avoid entering in any case into the question of the materiality of the fact alleged ...
... Phillips considers this distinction well taken , if rigo- rously confined to cases of the same character . * But on the whole , it appears better to avoid entering in any case into the question of the materiality of the fact alleged ...
Page 554
... Phillips inclines to the latter opinion . It appears to me , however , although the point has never presented itself ... Phillips , no . 771 . 5 1 Phillips , Ins . no . 771. In the third and fourth editions Mr. Phillips states this ...
... Phillips inclines to the latter opinion . It appears to me , however , although the point has never presented itself ... Phillips , no . 771 . 5 1 Phillips , Ins . no . 771. In the third and fourth editions Mr. Phillips states this ...
Page 558
... Phillips . 81 . 1 Colby v . Hunter , 1 Mood . & Malk . 2 So decided on a licence to export , Williams v . Marshall , 6 Taunt . 390 ; 2 Marshall's Rep . 292. See also 2 Park , Ins . 692 , 693 . 3 Havelock v . Hancill , 3 T. R. 277 ...
... Phillips . 81 . 1 Colby v . Hunter , 1 Mood . & Malk . 2 So decided on a licence to export , Williams v . Marshall , 6 Taunt . 390 ; 2 Marshall's Rep . 292. See also 2 Park , Ins . 692 , 693 . 3 Havelock v . Hancill , 3 T. R. 277 ...
Page 571
... Bar- ing v . Christie , 5 East , 398 . 21 Marshall , Ins . 410 ; 1 Phillips , Ins . no . 783 . 3 Baring v . Claggett , 3 B. & P. 201 . Assured under- takes only for things within his control . CHAP . III . ] 571 AS TO NEUTRALITY .
... Bar- ing v . Christie , 5 East , 398 . 21 Marshall , Ins . 410 ; 1 Phillips , Ins . no . 783 . 3 Baring v . Claggett , 3 B. & P. 201 . Assured under- takes only for things within his control . CHAP . III . ] 571 AS TO NEUTRALITY .
Page 577
... Phillips , Ins . no . 805 . 4 Parker v . Phoenix Ins . Co. , 8 Johnson , 237 , cited 1 Phillips , Ins . no . 806 . 5 Per Lord Stowell , The Sisters , 5 PP The muster - roll . The charter- party . The CHAP . III . ] 577 AS TO NEUTRALITY .
... Phillips , Ins . no . 805 . 4 Parker v . Phoenix Ins . Co. , 8 Johnson , 237 , cited 1 Phillips , Ins . no . 806 . 5 Per Lord Stowell , The Sisters , 5 PP The muster - roll . The charter- party . The CHAP . III . ] 577 AS TO NEUTRALITY .
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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...