A System of the Law of Marine Insurances: With Three Chapters on Bottomry, on Insurances on Lives, and on Insurances Against Fire
Thomas and Andrews, David West and John West, 1799 - 570 էջ
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abandon action afterwards againſt allowed alſo amount anſwer appeared arrived aſſured average barratry becauſe brought called captain cargo carried caſe cauſe circumſtances commerce condition conſequence conſidered contract convoy courſe court damage defendant deviation direct diſcharged effect enemy England evidence fact failed fhip firſt foreign fraud French give given ground happened held intended intereſt jury Juſtice liable London Lord Mansfield loſs maſter material means mentioned merchants months muſt nature never objection opinion owner paid parties perſon plaintiff policy of inſurance port premium preſent principles proved queſtion reaſon received recover reſpect riſk rule ſaid ſame ſay ſea ſeems ſhall ſhe ſhip ſhould ſome ſtated ſtatute ſubject ſuch ſum taken theſe thing thoſe tion total loſs trade trial underwriter uſe verdict void voyage warranty whole writers
Էջ 183 - ... 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.
Էջ 11 - ... or effects on account of wages, exceeding one moiety of the " wages due, at the time of such payment, till such ship shall " return to Great Britain or Ireland.
Էջ 197 - he believes the man to be in good health," knowing nothing about it, nor having any reason to believe the contrary, there, though the person is not in good health, it will not avoid the policy, because the underwriter then takes the risk upon himself. So that there cannot be a clearer distinction than that which exists between a warranty which makes part of the written policy and...