English Reports in Law and Equity: Containing Reports of Cases in the House of Lords, Privy Council, Courts of Equity and Common Law; and in the Admiralty and Ecclesiastical Courts; Including Also Cases in Bankruptcy and Crown Cases ReservedEdmund Hatch Bennett, Chauncey Smith C. C. Little and J. Brown, 1855 |
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Page 8
... give them the operation contended for . But is this so ? It is obvious , that , to maintain a defence founded upon this provision of the policy , proof must be made , first , of the false statement of some matter or fact ; and ...
... give them the operation contended for . But is this so ? It is obvious , that , to maintain a defence founded upon this provision of the policy , proof must be made , first , of the false statement of some matter or fact ; and ...
Page 12
... give that as an example . Now , looking to the questions which they have omitted in their warranty , we find they have omitted those two very important questions upon which this case has ultimately turned . I cannot conceive two more ...
... give that as an example . Now , looking to the questions which they have omitted in their warranty , we find they have omitted those two very important questions upon which this case has ultimately turned . I cannot conceive two more ...
Page 15
... give such a construction to a policy of this nature as will afford a fair security to the per- son with whom the policy is made , that , upon the ordinary con- struction of language , he is safe in the policy which he has accepted . I ...
... give such a construction to a policy of this nature as will afford a fair security to the per- son with whom the policy is made , that , upon the ordinary con- struction of language , he is safe in the policy which he has accepted . I ...
Page 35
... give to the subject , I think I ought to advise your lordships that there is none that the ship was seaworthy at any particular time ; that there is , in fact , no warranty of seaworthiness at all . The whole of the law upon this ...
... give to the subject , I think I ought to advise your lordships that there is none that the ship was seaworthy at any particular time ; that there is , in fact , no warranty of seaworthiness at all . The whole of the law upon this ...
Page 56
... give evidence . If this evidence be not given with the precision it might have been , if taken at an earlier period ; if either party suffer from this course , it must be remembered this evil is at tributable to their own laches . In ...
... give evidence . If this evidence be not given with the precision it might have been , if taken at an earlier period ; if either party suffer from this course , it must be remembered this evil is at tributable to their own laches . In ...
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Common terms and phrases
act of parliament action affidavit aforesaid agreement ALDERSON alleged amount appears apply assignees assured attorney authority award bankrupt bill bill of lading charge Charles Greville chose in action clause commencement Common Law condition contract costs Count D'Orsay county court damages debt declaration deed defendant defendant's delivered discharged East Dean effect entered entitled evidence Exch Exchequer execution fact Flensburg fraud given Greville ground held implied indenture interpleader issue James Spinks JERVIS judgment jury justices learned judge liable LORD CAMPBELL master MAULE meaning ment mentioned notice opinion owner paid PARKE party payment person plaintiff plaintiff in error plea pleaded possession premises prisoner proceedings proved question railway received recover referred Regina respect rule Russell Institution ship showed cause signed statute tenant term testatrix thereof tion tithe commissioner tithes trial verdict vessel Vict voyage policy words writ
Popular passages
Page 84 - Surprisals, Takings at Sea, 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...
Page 120 - Officer of the Company, and need not be under the Common Seal of the Company, and the same may be in Writing or in Print, or partly in Writing and partly in Print.
Page 255 - ... 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 and merchandises and ship, tfec., 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.
Page 81 - So, in every case, where a statute enacts, or prohibits a thing for the benefit of a person, he shall have a remedy upon the same statute for the thing enacted for his advantage, or for the recompense of a wrong done to him contrary to the said law.
Page 582 - ... navigating any river or narrow channel shall keep as far as is practicable to that side of the fairway or mid-channel thereof which lies on the starboard side of such vessel...
Page 399 - If any execution, sequestration, or other process in the nature of execution, either at law or in equity, shall have been issued against the property or effects of the company, and if there cannot be found sufficient whereon to levy...
Page 399 - ... notice in writing to the persons sought to be charged ; and upon such motion such court may order execution to issue accordingly ; and for the purpose of ascertaining the names of the shareholders, and the amount of capital remaining to be paid upon their respective shares, it shall be lawful for any person entitled to any such execution, at all reasonable times, to inspect the register of shareholders without fee.
Page 254 - And it shall be lawful for the said ship, &c, in this voyage, to proceed and sail to and touch and stay at any ports or places whatsoever without prejudice to this insurance.
Page 254 - Touching the adventures and perils which we the assurers are contented to bear and do take upon us in this voyage: 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, barratry of the master and mariners, and of all other perils, losses, and misfortunes, that have or shall come to the hurt,...
Page 527 - ... such judgment is or shall be given, by recognizance to be acknowledged in the same Court, in double the sum adjudged to be recovered by the said judgment (except in case of a penalty, and in case of a penalty in double the sum really due and double the costs...