Cases Decided in the Court of Session: From November 1790 to July 1792J. Dickson, 1794 - 571 էջ |
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Այլ խմբագրություններ - View all
Cases Decided in the Court of Session: From November 1790 to July 1792 Scotland. Court of Session,Robert Bell Ամբողջությամբ դիտվող - 1794 |
Common terms and phrases
action adjudication affignation againſt anſwer Argument back bond bankrupt bankruptcy becauſe betwixt bills Brough caſe caufe circumftances claim claimants claufe clauſe confequence confidered conftitution contract Court creditors David McCulloch debt debtor decifion decree deed defender depofited difpofition difponee diligence diſcharge effect eftate eſtabliſhed eſtate expence exprefs faid fale fame favour fequeftration fervice fhall fhould fituation fixty days fome Forbes and Company ftated ftatute fubject fuch fufficient fuftained fuppofe granted granter heir of entail heritable fecurity himſelf indorfation infeftment inftance infured intereft James John Brough judgement lands liable liferent Lord Dreghorn Lord Efkgrove Lord Monboddo Lord Ordinary Lord Prefident Lord Swinton Lordship muft muſt neceffary obferved objection objectors obligation opinion payment perfon poffeffed poffeffion prefcription prefent cafe provifion purchaſer purfuer purpoſe queftion reaſon refpect Rofs Sandieman and Graham Scotland Sir William Forbes ſtated Stein Stewart taillie thefe theſe tion tranfaction uſed
Սիրված հատվածներ
Էջ 284 - ... there will be no deviation. Men argue differently, from natural phenomena, and political appearances : they have different capacities, different degrees of knowledge, and different intelligence. But the means of information and judging are open to both : each professes to act from his own skill and sagacity ; and, therefore, neither needs to communicate to the other. The reason of the rule which obliges parties to disclose is to prevent fraud, and to encourage good faith.
Էջ 283 - The insured need not mention what the underwriter ought to know, •what he takes upon himself the knowledge of, or what he waives being informed of.
Էջ 272 - Ostend duties, rather than stop the trade, by exacting a tax which amounts to a prohibition. But, at any rate, this was no fraud in this country. One nation does not take notice of the revenue laws of another...
Էջ 275 - When the insured intends a deviation from the direct voyage, it is always provided for, and the indemnification adapted to it. There never was a man so foolish as to intend a deviation from the voyage described when the insurance is made, because that would be paying without an indemnification.
Էջ 454 - If money or goods be delivered to a common carrier, to convey from Oxford to London, he is under a contract in law to pay, or carry, them to the person appointed.
Էջ 283 - The policy would equally be void, against the underwriter, if he concealed; as if he insured a ship on her voyage, which he privately knew to be arrived : and an action would lie to recover the premium.
Էջ 519 - ... in the interval, will it be maintained that he had his domicile at home? In this case, Major Bruce left Scotland in his early years ; he went to India ; returned to England, and remained there for two years, without so much as visiting Scotland, and then went to India, and lived there sixteen years, and died.
Էջ 275 - Deviations from the voyage insured, arise from after-thoughts, after-interest, after-temptation ; and the party who actually deviates from the voyage described, means to give up his policy. But a deviation merely intended, but never carried into effect, is as no deviation.
Էջ 283 - The underwriter needs not be told what lessens the risk agreed, and understood to be run by the express terms of the policy. He needs not be told general topics of...
Էջ 283 - ... is a fraud, and therefore the policy is void. Although the suppression should happen through mistake, without any fraudulent intention; yet still the underwriter is deceived, and the policy is void; because the risque run is really different from the risque understood and intended to be run, at the time of the agreement.