...the action rainwt abandon brought. It is repugnant, upon a contract of indemiiit-i, «vtnt has drt«- to. recover as for a total lofs, when the final event has "^'a latiii? determined that the damnification is, in truth, an average lofsin the time lofs. V/hatcver...

...then, must be founded on the nature of his damnification, as it really was, at the time of the action brought. It is repugnant, upon a contract of indemnity, to recover as for a total loss, when the final event has determined that the damnification is in truth, an average loss only....

...« the plaintiff,s demand is for an in•2Surr. 1198. ^enmity ; the aciion, then, must be founded on the nature of his damnification, as it really is at the time of the action brought. It is repugnant upon a contract of indemnity to recover as for a total loss,...

...plaintiff's demand is for an indemnity: his action then mud •'•" be founded upon the nature of the damnification, as it really " is at the time the action is brought. It is repugnant, upon a " contract for indemnity, to recover as for a total lofs, when the " event has decided that the damnification...

...to the fouf th and lad point. " The plaintiff's demand is for" an indemnity. This action then muft be founded upon the nature of his damnification, as it really is, at the time the a£lion is brought. It is repugnant, upon a c6ntn£t of indemnity, to recover as for a total lofs,...

...damnification, as it really is at the time of the action brought. ALBANY, Peb-lSU5. fSDaf. 280. M-Catl. » irs It is repugnant upon a contract of indemnity to recover as for a total loss, when the final event has decided, that the damnification, in truth, is an average, perhaps no...

...must be founded upon the nature of the injury sustained at the time of action brought; that, as it was repugnant, upon a contract of indemnity, to recover as for a total loss, when the final event had decided that the real injury was an average loss only, the plaintiff,...

...ought to recover for a total one. " The plaintiff's demand is for an indemnity. This action then must be founded upon the nature of his damnification, as...a contract of indemnity, to recover as for a total loss, when the final event has decided that the damnification, in truth, is an average, or perhaps...

...subsequent events. In regard to this question, Lord Mansfield said, the action of the assured ' must be founded upon the nature of his damnification, as...a contract of indemnity, to recover as for a total loss, when the final event has decided that the damnification in truth is an average, or perhaps no...

...it is laid down, that an assured can only demand an indemnity ; and, consequently, his action must be founded upon the nature of his damnification as it really is at the time the action is brought. Now, if we enquire as to the nature of the injury sustained by this capture, followed by the recapture,...