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Act of Parliament action aforesaid agent agreed agreement alleged amount appears Appellant apply appointed assignee attainder authority barratry barrister bill of lading bills of exchange Black Prince breach Byles cargo cause charter-party charterer churchwarden claim clause consignee contract Court creditors damage debt debtor decision declaration deed Defendant Defendant's delivered delivery Devonport discharged duty entitled evidence fact fendant Fenn freight ground held horses indorsement intended Judge judgment jury justices Keating land liable London Lord Lord Dalhousie loss marriage matter ment negligence Nine Elms notice opinion owner paid parish parties payment person Plaintiff plea pleaded premises Prestwich profits purchase Quarter Sessions question Railway Company rates reason received referred resp respect rule sect ship Smith stat statute stevedore thereof threshing machines tion township trial trustees underwriters verdict voyage warranty William Sharp words
Page 802 - ... the act of God, the Queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, during the said voyage, always excepted). The freight to be paid on unloading, and right delivery of the cargo...
Page 850 - It appears to us that the proper question for the jury in this case, and indeed in all others of the like kind, is, whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened.
Page 160 - Every consignee of goods named in a bill of lading, and every endorsee of a bill of lading to whom the property in the goods therein mentioned shall pass, upon or by reason of such consignment or endorsement, shall have transferred to and vested in him all rights of suit, and be subject to the same liabilities in respect of such goods as if the contract contained in the bill of lading had been made with himself.
Page 110 - This, no doubt, is in general a sufficiently accurate test, for a right to participate in profits affords cogent, often conclusive, evidence that the trade in which the profits have been made was carried on in part for or on behalf of the person setting up such a claim.
Page 157 - In witness whereof the Master or Purser of the said Ship hath affirmed to three Bills of Lading, all of this Tenor and Date, One of which three Bills being Accomplished, the other two to stand Void.
Page 803 - In witness whereof the master or purser of the said ship hath affirmed to three bills of lading, all of this tenor and date, the one of which three bills being accomplished, the other two to stand void, and so God send the good ship to her desired port in safety. Amen.
Page 801 - ... a full and complete cargo of , not exceeding what she can reasonably stow, and carry over and above her tackle, apparel, provisions and furniture...
Page 803 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Page 699 - That the said ship being tight, staunch and strong, and every way fitted for the voyage...
Page 160 - WHEREAS by the Custom of Merchants a Bill of Lading of Goods being transferable by Endorsement the Property in the Goods may thereby pass to the Endorsee, but nevertheless all Rights in respect of the Contract contained in the Bill of Lading continue in the original Shipper or owner, and it is expedient that such Rights should pass with the Property...