A Treatise on the Law of Insurance: In Four Books; I. Of Marine Insurances, II. Of Bottomry and Respondentia, III. Of Insurance Upon Lives, IV. Of Insurance Against Fire, Հատոր 2A. Strahan, 1802 |
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Common terms and phrases
abandon action adjuſtment affignment affured againſt alfo alſo anſwer average averment barratry becauſe bottomry captain capture caſe cauſe circumftances confequence confideration contract convoy courfe courſe court damage declaration defendant deviation diſcharge Emerig enemy entitled expence fafe faid failed falvage fame faved fays feems fhall fhew fhip fhip and cargo fhip's fhould figned firſt flaves following cafe fome fraud freight ftat ftate fubject fuch fufficient fum infured fured himſelf infifted inſured intereft Jamaica Juftice jury law of France lender liable loft London Lord Mansfield loſs mafter marine muft muſt neceffary neceffity occafioned opinion owner paid partial lofs perfons perils plaintiff port Pothier prefent premium provifions queftion reaſonable recapture recover refpondentia rifk riſk ſaid ſhall ſhe ſhip ſtated ſuch thefe theſe thoſe tion total lofs tried the caufe ufage ufual underwriters unleſs Valin veffel verdict voyage infured warranty
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Էջ 414 - ... 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.
Էջ 711 - 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...
Էջ 414 - ... surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever...
Էջ 723 - Witness whereof the said corporation have caused their common seal to be hereunto affixed, the day of in the year of the reign of our sovereign lord by the grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith, &c.
Էջ 573 - ... where the risk has not been run, whether its not having been run was owing to the fault, pleasure, or will of the insured, or to any other cause, the premium shall be returned: because a policy of insurance is a contract of indemnity. The underwriter receives a premium for running the risk of indemnifying the...
Էջ 667 - Where an insurance is upon a representation, every material circumstance should be mentioned, such as ago, way of life, &c. But where there is a warranty, then nothing need be told ; but it must in general be proved, if litigated, that the life was, in fact, a good one, and so it may be, though he have a particular infirmity. The only question is, ' Whether he was in a reasonable good state of health, and such a life as ought to be insured on common terms...
Էջ 573 - For though the premium is estimated, and the risk depends upon the nature and length of the voyage, yet, if it has commenced, though it be only for twenty-four hours or less, the risk is run ; the contract is for the whole entire risk, and no part of the consideration shall be returned...
Էջ 672 - Geo. 3, c. 48. It appeared in evidence that Lord Newhaven was indebted to the plaintiff and a Mr. Mitchell in a large sum of money, part of which debt had been assigned by them to another person ; the remainder, being more than the amount of the sum insured, was upon a settlement of accounts between the plaintiff and Mitchell, agreed by them to remain to the account of Mitchell only. Lord...
Էջ 573 - ... premium is estimated, and the risk depends upon the nature and length of the voyage, yet, if it has commenced, though it be only for twenty-four hours or less, the risk is run ; the contract is for the whole entire risk, and no part of the consideration shall be returned ; and yet it is as easy to apportion for the length of the voyage as it is for the time.
Էջ 715 - ... day of in the year of the reign of our sovereign lord by the grace of God of the United Kingdom of Great Britain and Ireland, King, defender of the faith, and...