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" ... insures in such a position that it is wholly out of the power of the assured or of the underwriter to procure its arrival, he is bound by the very letter of his contract to pay the sum insured. "
The Law Magazine: Or, Quarterly Review of Jurisprudence - Page 49
1853
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Cases in the Court of Common Pleas and Exchequer Chamber [1834-1840].

Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1838 - 760 pages
...perils against which he insures, in such a position, that it is wholly out of the power of the assured or of the underwriter to procure its arrival, he is...bound by the very letter of his contract to pay the Cases where the sum insured. But there are intermediate cases. There mav ^ea capture» which, though...
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A Treatise on the Principles of the Law of Marine Insurance: In ..., Volume 644

Francis Hildyard - Insurance law - 1845 - 894 pages
...perils he insures against, in such a position, that it is wholly out of the power of the assured or the underwriter to procure its arrival, he is bound...intermediate cases. There may be a capture, which, though prinid facie, a total loss, may be followed by a recapture, which would revest the property in the...
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A Treatise on the Law of Marine Insurance and Average: With ..., Volumes 1-2

Sir Joseph Arnould - Average (Maritime law) - 1848 - 780 pages
...perils against which he insures, in such a position that it is wholly out of the power of the assured or of the underwriter to procure its arrival, he is...very letter of his contract to pay the sum insured." 990 " But there are intermediate cases ; there may be a capture General doci • ii « * f 11 v /•...
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A Treatise on the Law of Marine Insurance and Average: With ..., Volume 2

Sir Joseph Arnould - Average - 1850 - 796 pages
...only partial. Where it turns out to be, iii fact, total. it is wholly out of the power of the assured, or of the underwriter to procure its arrival, he is...intermediate cases ; there may be a capture which, though prima facie a total loss, may be followed by a re-capture, which would revest the property in the assured....
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Reports of Cases Argued and Determined in the English Courts of Common Law ...

Law reports, digests, etc - 1853 - 954 pages
...perils against which he insures, in such a position, that it is wholly out of the power of the assured or of the underwriter to procure its arrival, he is...intermediate cases — there may be a capture, which though prima facie a total loss, may be followed by a recapture, which would revest the property in the assured....
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International Commercial Law: Being the Principles of Mercantile Law of the ...

Leone Levi - Commercial law - 1863 - 664 pages
...insures, the object insured is in such a position that it is wholly out of the power of the assured or of the underwriter to procure its arrival, he is bound, by the very letter of the contract, to pay the sum assured (c). No abandonment is necessary where there is a total loss of...
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Arnould on the Law of Marine Insurance, Volume 2

Sir Joseph Arnould - Average (Maritime law) - 1866 - 620 pages
...perils against which he insures, in such a position that it is wholly out of the power of the assured or of the underwriter to procure its arrival, he is...intermediate cases ; there may be a capture which, though primdfaaie a total loss, may be followed by a re-capture, which would revest the property in the assured....
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Arnould on the Law of Marine Insurance, Volume 2

Sir Joseph Arnould - Average (Maritime law) - 1866 - 628 pages
...absolutely destroyed, or irretrievably lost; " there may, however, be a capture, which, though prlmd facie a total loss, may be followed by a recapture...assured. There may be a forcible detention, which may either speedily terminate, or may last so long as to end in the impossibility of bringing the ship...
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Cases Argued and Determined in the Court of Common Pleas and in ..., Volume 18

John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1866 - 584 pages
...perils against which he insures, L in such a position that it is wholly out of the power of the assured or of the underwriter to procure its arrival, he is bound by the very letter of his comract to pay the sum insured. But there are intermediate cases. There may be a capture, which, though...
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A Selection of Leading Cases on Mercantile and Maritime Law: With Notes

Owen Davies Tudor - Commercial law - 1868 - 1106 pages
...perils against which he insures in such a position that it is wholly out of the power of the assured or of the underwriter to procure its arrival, he is...intermediate cases, — there may be a capture, which, though prima facie a total loss, may be followed by a recapture, which would revest the property in the assured....
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