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according action admitted afterwards agreed appeared applied assignment authority bankrupt bill bond brought cargo cause charge claim common condition consideration considered continued contract costs count Court covenant daughter death debt deed defendant delivered devise directed East effect election entered entitled evidence execution fact former freight give given granted ground heirs held intention interest issue John judgment jury justices King land lease lives Lord ELLENBOROUGH loss manor March master meaning mentioned months necessary notice objection opinion owner paid parish party pass payment person plaintiff plea pleaded possession premises present principal proved question reason received recover referred remainder removed rent respect rule shew ship stat statute sufficient taken tenant term Term Rep thing tion trial verdict voyage whole wife writ
Page 433 - ... (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 or to assigns freight for the said goods with primage and average accustomed.
Page 495 - 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 51 - It is clear that a creditor has an insurable interest in the life of his debtor...
Page 395 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Page 434 - The shipowners undertake that they will carry the goods to the place of destination, unless prevented by the dangers of the seas or other unavoidable casualties ; and the freighter undertakes that if the goods be delivered at the place of their destination he will pay the stipulated freight ; but it was only in that event, viz., of their delivery at the place of destination, that he, the freighter, engages to pay anything.
Page 499 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 435 - The general property in the goods is in the freighter; the ship owner has no right to withhold the possession from him, unless he has either earned his freight, or is going on to earn it. If no freight be earned, and he decline proceeding to earn any, the freighter has a right to the possession.
Page 252 - ... in any such undertaking or attempt, and more particularly the acting or presuming to act as a corporate body or bodies, the raising or pretending to raise transferable stock or stocks...
Page 456 - ... to the defendant to move to enter a nonsuit, if the Court should be of opinion that the refusal by the plaintiffs to pay for the iron delivered amounted to an abandonment of the contract.