Arnould on the Law of Marine Insurance, Volume 2Stevens and Sons, 1866 - Average (Maritime law) |
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Page 569
... action on the same policy in the Court of Common Pleas , the unanimous judgment of that Court was given the same way . ' 2 A warranty " to sail from " receives precisely the same meaning as a warranty " to depart ; " this was admitted ...
... action on the same policy in the Court of Common Pleas , the unanimous judgment of that Court was given the same way . ' 2 A warranty " to sail from " receives precisely the same meaning as a warranty " to depart ; " this was admitted ...
Page 598
... action brought by an innocent shipper of goods ( who had no interest what- ever in the ship ) , on proof being given that the ship was unseaworthy when she sailed , Lord Mansfield nonsuited the plaintiff , saying , that the implied ...
... action brought by an innocent shipper of goods ( who had no interest what- ever in the ship ) , on proof being given that the ship was unseaworthy when she sailed , Lord Mansfield nonsuited the plaintiff , saying , that the implied ...
Page 610
... action , and that the case fell within the most limited operation of the decision in Gibson v . Small , ' To a declaration on a time policy the plea was , that at the time the policy was effected , and down to the time of sending the ...
... action , and that the case fell within the most limited operation of the decision in Gibson v . Small , ' To a declaration on a time policy the plea was , that at the time the policy was effected , and down to the time of sending the ...
Page 625
... action of the winds and waves or other perils insured against , then , the onus probandi of unseaworthiness is on the defendant . But even the prevalence of stormy weather , dangerous seas , stiff breezes , or severe gales , is not ...
... action of the winds and waves or other perils insured against , then , the onus probandi of unseaworthiness is on the defendant . But even the prevalence of stormy weather , dangerous seas , stiff breezes , or severe gales , is not ...
Page 659
... action , he was held entitled at the hands of the captors to the full freight due for the carriage of the goods upon the whole voyage , though he had not carried them to their place of des- tination , because a surrender of them to the ...
... action , he was held entitled at the hands of the captors to the full freight due for the carriage of the goods upon the whole voyage , though he had not carried them to their place of des- tination , because a surrender of them to the ...
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Common terms and phrases
abandonee action brought adjustment aforesaid amount arrival assured average loss averred barratry Benecke bill of lading Bing bottomry Boulay-Paty Camp captain capture charter-party cited claim clause contract contribution convoy Court held crew damage declaration deducting Dougl East effect embargo Emerigon entitled expense fact free of average freight ground ibid illegal Indem interest jettison jury liable Lord Eldon Lord Ellenborough Lord Mansfield Lord Tenterden loss by perils Marine master ment neutral neutral country notice of abandonment owner paid particular average parties perils insured Phillips plaintiff plea policy of insurance port of destination principle question recover repairs respect return of premium risk Royal Exch rule sailed salvage sea-damage seaworthy ship and cargo ship's shipowner sold stamp duty Stevens on Average stranding Taunt thereof thing insured tion total loss trade underwriter United unseaworthiness Valin vellum vessel 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...