Ruling Cases, Volume 14Robert Campbell Stevens, 1898 - Annotations and citations (Law) |
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Results 1-5 of 72
Page 11
... principle of construction which he applied to a warranty in a policy of insurance . The policy in that case was on ship , and contained the clause " warranted no iron . . . exceed- ing the net registered tonnage . " The warranty was ...
... principle of construction which he applied to a warranty in a policy of insurance . The policy in that case was on ship , and contained the clause " warranted no iron . . . exceed- ing the net registered tonnage . " The warranty was ...
Page 57
... principle . This vessel , without any appar- ent cause of injury subsequent to her leaving port , was obliged to put back , being incapable of proceeding on her voyage . There was not only presumptive , but direct , evidence that she ...
... principle . This vessel , without any appar- ent cause of injury subsequent to her leaving port , was obliged to put back , being incapable of proceeding on her voyage . There was not only presumptive , but direct , evidence that she ...
Page 62
... principle is now clearly established by the cases of Busk v . Royal Exchange Company , 2 B. & Ald . 72 ( 20 R. R. 350 ) ; Walker v . Maitland , 5 B. & Ald . 171 ( 24 R. R. 320 ) ; Holdsworth v . Wise , 7 B. & C. 794 ( 31 R. R. 299 ) ...
... principle is now clearly established by the cases of Busk v . Royal Exchange Company , 2 B. & Ald . 72 ( 20 R. R. 350 ) ; Walker v . Maitland , 5 B. & Ald . 171 ( 24 R. R. 320 ) ; Holdsworth v . Wise , 7 B. & C. 794 ( 31 R. R. 299 ) ...
Page 65
... principle , to hold that the underwriter shall be excused where the loss is occasioned by the mere want of judgment or the negligence of the master and mariners , which occurred in this particular case , and that he shall not be also ...
... principle , to hold that the underwriter shall be excused where the loss is occasioned by the mere want of judgment or the negligence of the master and mariners , which occurred in this particular case , and that he shall not be also ...
Page 68
... principle , leaving the owner still bound by the acts of the master , so far as by law and the usage of navigation he is the representative of the owners , executing their express or implied orders , and doing all such acts as an owner ...
... principle , leaving the owner still bound by the acts of the master , so far as by law and the usage of navigation he is the representative of the owners , executing their express or implied orders , and doing all such acts as an owner ...
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Common terms and phrases
American AMERICAN NOTES amount appears applied arising Ass'n authority average loss barratry captain capture cause cent cited commencement condition consequence considered construction construed course Court Court of Exchequer crew damage decision declaration defendant doctrine effect entitled to recover evidence expenses fact free from average freight French Gibson ground H. L. Cas held implied warranty indemnity intended interest Judges judgment jury liable London London Assurance Company Lord ELLENBOROUGH Lord KENYON Lord MANSFIELD Lordships lost Marine Insurance Marseilles master memorandum Mount Vernon navigation Navigation Act negligence Notes opinion ordinary owner parties passport perils insured plaintiff plea policy of insurance port premium principle question reason repairs respect risk Royal Exchange Assurance rule sailed seilles ship or vessel shipowner suing and labouring time-policy tion total loss trial underwriters unseaworthy usage verdict voyage voyage insured voyage-policy warranty of seaworthiness words
Popular passages
Page 304 - 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 271 - ... 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 7 - Pleas, calling upon the plaintiff to show cause why the verdict should not be set aside...
Page 688 - If a daj' be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed, an action may be brought for the money, or for not doing such other act before performance, for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent...
Page 136 - Upon any kind of goods and merchandises, and also upon the body, tackle, apparel, ordnance, munition, artillery, boat, and other furniture, of and in the good ship or vessel...
Page 222 - Brett reserved leave to the defendant to move to enter a nonsuit or a verdict for him...
Page 818 - The true reason of the remedy; and then the office of all the judges is always to make such construction as shall suppress the mischief, and advance the remedy...
Page 651 - A testator is always presumed to use the words in which he expresses himself according to their strict and primary acceptation, unless from the context of the will it appears that he has used them in a different sense, in which case the sense in which he thus appears to have used them will be the sense in which they are to be construed.
Page 575 - Hall, that in construing wills and indeed statutes, and all written instruments, the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity, or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity and inconsistency but no further.
Page 187 - ... if the court should be of opinion that the plaintiff was not entitled to recover.