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 22
... liable . But in the event of the time policy being effected upon a ship after she has begun her voyage , and to commence during the progress of it , such a case is , I think , entirely out of the operation of the rules of law in respect ...
... liable . But in the event of the time policy being effected upon a ship after she has begun her voyage , and to commence during the progress of it , such a case is , I think , entirely out of the operation of the rules of law in respect ...
Page 29
... liable beyond his contract . If the question turns on an implication of law arising from the nature of the contract , all the reasons for making the implication in voyage policies are of equal force for making it in time policies . It ...
... liable beyond his contract . If the question turns on an implication of law arising from the nature of the contract , all the reasons for making the implication in voyage policies are of equal force for making it in time policies . It ...
Page 34
... liable , even when during the voy- age he can do any thing for the ship , to do it at any period after the commencement of the voyage . " Now , if this be the principle , and we try to extend it to a time policy , which is in truth a ...
... liable , even when during the voy- age he can do any thing for the ship , to do it at any period after the commencement of the voyage . " Now , if this be the principle , and we try to extend it to a time policy , which is in truth a ...
Page 47
... liable by the terms of his con- tract . It is clear , therefore , that no conditions of seaworthiness at the date of the contract can be implied . Such a condition , therefore , if to be implied , could in this case only be implied as ...
... liable by the terms of his con- tract . It is clear , therefore , that no conditions of seaworthiness at the date of the contract can be implied . Such a condition , therefore , if to be implied , could in this case only be implied as ...
Page 75
... liable . Taylor v . Ashton , 11 Mee . & Wel . 401 , is in point . That was an action on the case for deceit , and the court held that if a party makes an untrue representation to another for a fraudulent pur- pose , with the intent to ...
... liable . Taylor v . Ashton , 11 Mee . & Wel . 401 , is in point . That was an action on the case for deceit , and the court held that if a party makes an untrue representation to another for a fraudulent pur- pose , with the intent to ...
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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...