A Treatise on the Principles of Indemnity in Marine Insurance, Bottomry and Respondentia: And on Their Practical Application in Effecting Those Contracts, and in the Adjustment of All Claims Arising Out of Them ...Baldwin, Cradock and Joy, 1824 - 498 páginas |
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Otras ediciones - Ver todas
A Treatise on the Principles of Indemnity in Marine Insurance, Bottomry and ... William Benecke Sin vista previa disponible - 2019 |
Términos y frases comunes
abandonment accident according adjustment affreightment amount ascer assured average loss barratry bottomry bond captain cent charter-party circumstances claim clause consequence considered consignee contract contribute court crew deducting derwriter detention deterioration duty Emerigon entitled expenses free from average gross freight Hamburgh hogsheads incurred indemnity instance jettison latter laws of France lender on bottomry liable Lord Ellenborough Lord Mansfield lost master ment money expended nature neral obliged to pay occasioned outfit owner paid partial loss particular average parties perils insured plaintiff port of destination premium prime cost proceeds profit proprietor provisions recover repairs respect Riga risk safe arrival sail saved ship and cargo ship and freight ship-owner ship's sold sound stipulation sum insured supposed thing hypothecated thing insured tion total loss transhipped underwriter on freight underwriter on ship Valin valuation vessel voyage wages wear and tear writer
Pasajes populares
Página 466 - NB — Corn, fish, salt, fruit, flour, and seed are warranted free from average, unless general, or the ship be stranded — sugar, tobacco, hemp, flax, hides and skins are warranted free from average, under five pounds per cent., and all other goods, also the ship and freight, are warranted free from average, under three pounds per cent, unless general, or the ship be stranded.
Página 114 - ... or without further proof of interest than the policy, or by way of gaming or wagering, or without benefit of salvage to the assurer : and that every such assurance shall be null and void to all intents and purposes.
Página 449 - French eighty-gun ship that had been set on fire to prevent her falling into the hands of the English; and having anchored in a secure position, left my vessel in a four-oared boat, passed the batteries undiscovered, and executed my orders as the brave marshal stood in the great square, with white flags and beauty greeting his arrival. Peace came! Bonaparte was elbowed off...
Página 168 - J. is, that all loss which arises in consequence of extraordinary sacrifices or expenses incurred for the preservation of the ship and cargo come within the description of general average.
Página 358 - The captain, when he came to New Tork, had no exprefs order ; but he had an implied authority from both fides, to do what was fit and right to be done, as none of them had agents in the place : and whatever it was right for him to have done, if it had been his own fhip and cargo, the underwriter muft anfwer for the confequences of, bccaufe this is within his contract of indemnity.
Página 468 - To use a vulgar phrase, which has been applied to this subject, if it is 'touch and go' with the ship, there is no stranding. It cannot be enough that the ship lay for a few moments on her beam ends. Every striking must necessarily produce a retardation of the ship's motion. If by the force of the elements she is run aground, and becomes stationary, it is immaterial whether this be on piles, on the muddy bank of the river, or on rocks on the seashore; but a mere striking will not do, wheresoever...
Página 141 - ... were put on board, from the carriage of which freight would result, or that there was some contract, under which the ship-owner, if the voyage were not stopped by the perils insured against, would have been entitled to demand freight: and in either case, if the policy be open, the sum payable to the ship-owner for freight, together with the premiums of insurance and commission thereupon, is the extent to which the underwriters are chargeable.
Página 197 - I doubt whether the repair of any particular damage could be placed to the account of general average, inasmuch as it is a benefit done to the ship, and if the captain could make it a general average, by putting into port to repair, it would always be his interest to endeavour to do so. If however the repairs were merely such as were necessary to enable the ship to...
Página 334 - ... hitherto has in practice been done, if we should draw from the recitals of facts and usages which are contained in those judgments, general evidence of the existence of such facts and usages, and allow them to be available for all causes and purposes, and consider them as applicable to and obligatory upon other persons than the immediate parties to those judgments in which these recitals occur.
Página 352 - For the insured is not obliged to abandon in any case ; he has an election. No right can vest as for a total loss till he has made that election : he cannot elect before advice is received of the loss ; and if that advice show the peril to be over, and the thing in safety, he cannot elect at all, because he has no right to abandon when the thing is safe.