A System of the Law of Marine Insurances: With Three Chapters, on Bottomry, on Insurances on Lives, on Insurances Against Fire, Volumen1A. Strahan, 1809 - 680 páginas |
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action Admiralty affignment affured againſt alfo alſo barratry becauſe Bluefields bottomry cafe captain capture cargo caſe caufe cauſe CHAP circumftances conclufive condemnation confequence confideration confidered contract counfel courfe courſe Court of Admiralty court of Equity decifion declaration defendant deviation diſcharged enemy evidence fafe faid fail with convoy falvage fame feems fentence fhall fhew fhip fhould firſt fome fpecial fraud ftated ftatute fubject fuch fufficient ground happened held himſelf houſe ibid inferted inſurance intereft Jamaica Juftice jury liable loft London Lord Ellenborough Lord Mansfield mafter merchant muft muſt neceffary neceffity neutral occafion opinion owner paid parties perfon plaintiff policy of infurance port prefent purpoſe queſtion re-affurance reaſonable recover refpect refpondentia return of premium riſk ſaid ſhall ſhe ſhip ſtated ſuch thefe theſe thofe thoſe trial ufage ufual underwriter unleſs uſed veffel verdict Vide void voyage warranty XVIII
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Página 629 - THIS INDENTURE made the twenty sixth day of June in the thirtieth year of the Reign of our Sovereign Lord George the Third by the Grace of God of Great Britain France and Ireland King Defender of the Faith &c.
Página 626 - 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 626 - Assigns, to sue, labour, and travel for, in and about the Defence, Safeguard and Recovery of the said Goods and Merchandises 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.
Página 631 - SECTION 21. And be it further enacted, That, in order to avoid misconstruction, it is hereby declared to be the true intent and meaning of this act, so far as the question of slavery is concerned, to carry into practical operation the following propositions and principles, established by the compromise measures of 1850, to wit:
Página 518 - The underwriter receives a premium for running the risk of indemnifying the insured, and whatever cause it be owing to, if he does not run the risk, the consideration, for which the premium or money was put into his hands, fails, and therefore he ought to return it...
Página 626 - Ship, &c., or any part thereof ; 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, Merchandises, 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.
Página 464 - Exchange ; and in other countries, at fome place of general refort; and any perfon interefted may come in and appeal at any time, if there has been no laches. If there has, the time of appeal is limited. But the fentence, as to that which is within it, is conclufive againft all perfons, unlefs reverfed by the regular court of appeal.
Página 573 - Nnvbavrn was indebted to the plaintiff and a Mr. Mitchell, in a large fum of money ; part of which debt had been affigned by them to another perfon ; the remainder being more than the amount of the fum infured, was, upon a fettlement of accounts between the plaintiff and Mitchell, agreed by them to remain to the account of Mitchell only. — Lord Kenyan, who tried the caufe, was of opinion, that this debt was a fufficient intereft.
Página 611 - We do not fay a conGgnee may not iufure, we only fay that he is fo far identified in intereft and right with his confignor, as not to be able to apply with effect to his own...
Página 349 - ... interest or no interest, 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.