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abandon action againſt allowed alſo amount anſwer appeared arrived Aſſurance average barratry becauſe brought called captain cargo carried caſe cauſe chapter circumſtances commerce condition conſequence conſidered contract convoy courſe court damage defendant deviation direct effect enemy England evidence fact failed fhip firſt fraud French give given ground happened held inſured intereſt jury Juſtice liable London Lord Mansfield loſs maſter material means mentioned merchants months muſt nature neceſſary never object officers 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 Vide void voyage warranty whole writers
Էջ 523 - 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 524 - ... 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 207 - Good faith forbids either party, by concealing what he privately knows, to draw the other into a bargain from his ignorance of that fact and his believing the contrary.
Էջ 524 - ... they are of the seas, men of war, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and countermart, surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever...
Էջ 498 - ... with the fever ; and that the want of retention was not a disorder which shortened life...
Էջ 524 - 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.
Էջ 525 - Pounds of good and lawful Money of Great Britain, to be paid to...
Էջ 523 - ... until she hath moored at anchor twenty-four hours in good safety; and upon the goods and merchandises, until the same be there discharged and safely landed.
Էջ 524 - 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.
Էջ 207 - ... 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.