The Law Reports: Court of Common Pleas, Volume 8Incorporated council of law reporting for England and Wales, 1873 - Law reports, digests, etc |
From inside the book
Results 1-5 of 71
Page 1
... vessel called the Emma , having on board a large cargo of copper ore , of which the plaintiffs were the consignees and owners , and whilst on her voyage from Huelva to Liverpool , met with tempestuous weather , and sustained injuries ...
... vessel called the Emma , having on board a large cargo of copper ore , of which the plaintiffs were the consignees and owners , and whilst on her voyage from Huelva to Liverpool , met with tempestuous weather , and sustained injuries ...
Page 2
... vessel at Liverpool aforesaid , it became and was necessary to adjust and apportion in manner by usage and cus- tom used and approved , and therefore the master of the said vessel , on her arrival at Liverpool aforesaid , as well for ...
... vessel at Liverpool aforesaid , it became and was necessary to adjust and apportion in manner by usage and cus- tom used and approved , and therefore the master of the said vessel , on her arrival at Liverpool aforesaid , as well for ...
Page 3
... vessel , the said incorrect and excessive proportion of the said losses , charges , and disbursements so stated , adjusted , and settled by the defendant in the said statement , and the said special charges ; and by reason of the ...
... vessel , the said incorrect and excessive proportion of the said losses , charges , and disbursements so stated , adjusted , and settled by the defendant in the said statement , and the said special charges ; and by reason of the ...
Page 4
... vessel unto the said parties hereto of the second part , their factors , agents , and assigns , and permit them to receive , and take possession , and remove the same , according to their rights , possession , and ownership in respect ...
... vessel unto the said parties hereto of the second part , their factors , agents , and assigns , and permit them to receive , and take possession , and remove the same , according to their rights , possession , and ownership in respect ...
Page 18
... vessels , some of them subsequent in date to the shipment of the 20th of December , were declared to the full amount of the policy . The 102 bales were lost by jettison , and the holders of the bill of lading claimed payment of the ...
... vessels , some of them subsequent in date to the shipment of the 20th of December , were declared to the full amount of the policy . The 102 bales were lost by jettison , and the holders of the bill of lading claimed payment of the ...
Common terms and phrases
accepted according action actual agent agreed alleged amount appears application arise Attorneys authority bill bill of lading bound breach brought called cargo carry cause charterer circumstances claim clearly common considered construction contended contract costs count course Court damages decision defendant delivered direct doubt duty effect election entered entitled evidence fact freight further give given ground held highway House intended interest issue judge judgment jury land Law Rep liable limitation London Lord loss mark matter meaning necessary notice obtained officer opinion owner paid particular parties payment person plaintiff plea possession premises present proceed proceedings question railway reason received recover referred repair respect road rule seems shew ship statute taken trial verdict vessel Vict vote whole
Popular passages
Page 138 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 651 - ... 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 588 - ... but when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided...
Page 178 - On the other hand, the promisee may, if he thinks proper, treat the repudiation of the other party as a wrongful putting an end to the contract, and may at once bring his action as on a breach of it; and in such action he will be entitled to such damages as would have arisen from the non-performance of the contract at the appointed time, subject, however, to abatement in respect of any circumstances which may have afforded him the means of mitigating his loss.
Page 597 - 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...
Page 581 - These authorities seem to support the proposition, which appears on principle to be very reasonable, that, where a contract is made with reference to certain anticipated circumstances, and where, without any default of either party, it becomes wholly inapplicable to or impossible of application to any such circumstances, it ceases to have any application; it cannot be applied to other circumstances which could not have been in the contemplation of the parties when the contract was made.
Page 58 - Under the direction of the learned judge, a verdict was entered for the plaintiff, leave being reserved to the defendant to move to enter the verdict for him if the court should be of opinion that what he did was not an infringement within the above statutes.
Page 456 - Term, when a verdict was found for the defendants, leave being reserved to the plaintiff to move to enter a verdict for...
Page 168 - That all conditions were fulfilled, and all things happened and all times elapsed necessary to entitle the plaintiff to have the said agreement performed by the defendant on his part, yet the defendant did not pay the plaintiff the remainder of the said purchase-money as aforesaid on his part.
Page 133 - ... the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.