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 |
From inside the book
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Page 4
... proved that several of the answers to the questions in the " proposal " were false ; amongst others , his answer that he had not been insured at any other office , and also his answer as to the health of his near relations , it having ...
... proved that several of the answers to the questions in the " proposal " were false ; amongst others , his answer that he had not been insured at any other office , and also his answer as to the health of his near relations , it having ...
Page 5
... prove on the trial that the answers given by Fitzgerald to questions 21 and 22 , con- tained in the particulars dated Kilrush , 17th June , 1846 , or either of them , were or was material as well as false ? 2. If it was necessary for ...
... prove on the trial that the answers given by Fitzgerald to questions 21 and 22 , con- tained in the particulars dated Kilrush , 17th June , 1846 , or either of them , were or was material as well as false ? 2. If it was necessary for ...
Page 7
... proved , and that there was no evidence to that effect ; because the plea being , in our opinion , good , as the materiality was not es- sential , the proof of a part , which , if pleaded and proved , would have barred the action , was ...
... proved , and that there was no evidence to that effect ; because the plea being , in our opinion , good , as the materiality was not es- sential , the proof of a part , which , if pleaded and proved , would have barred the action , was ...
Page 22
... proved . I certainly do not feel inclined to yield to an argument , that because one defence is difficult of proof , the courts of law should therefore admit another , the proof of which is alleged to be more easy . But , in reality ...
... proved . I certainly do not feel inclined to yield to an argument , that because one defence is difficult of proof , the courts of law should therefore admit another , the proof of which is alleged to be more easy . But , in reality ...
Page 48
... proved to the satisfaction of the jury , do not appear to me to constitute a defence to the action . I do not proceed upon the literal meaning of the word " seaworthy , " which was contended for . Without regard to its literal or ...
... proved to the satisfaction of the jury , do not appear to me to constitute a defence to the action . I do not proceed upon the literal meaning of the word " seaworthy , " which was contended for . Without regard to its literal or ...
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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...