 | Sir James Allan Park - 1799 - 664 σελίδες
...an indemnity. This a&ic-n then mull be founded upon the nature of his damnification, as as it raally is, at the time the action is brought. It is repugnant,...common law of England adopts it, though inclined to ftri£r.nefs. The tenant is obliged to indemnify his lord from wafte ; but if t;he tenant do, or fuffer... | |
 | Great Britain. Court of King's Bench, Edward Hyde East - 1808 - 532 σελίδες
...all." " Whatever undoes the damnifica" tion in the whole, or in part, muft operate upon the in" demnity in the fame degree. It is a contradiction in terms, " to bring an action for indemnity, where, upon the whole " event, no damage has been fuftained." Upon this ground, therefore, that the... | |
 | James Allan Park - 1809 - 924 σελίδες
...damnification in truth is an average, or perhaps no lofs at " all. Whatever undoes the damnification in the whole, or in " part, muft operate upon the indemnity...degree. " It is a contradiction in terms to bring an a£lion for indemnity " where, upon the whole event, no damage has been fuftained." Upon this ground,... | |
 | Thomas Arnold - 1822 - 1008 σελίδες
...Whatever undoes the damnification, in whole or in part, must operate upon the indemnity in the same degree. It is a contradiction in terms, to bring an...indemnity, when, upon the whole event, no damage has been sustained. " In the present case, the notion of a vested right in the plaintiff to sue as for a total... | |
 | Wendell Phillips - 1823 - 572 σελίδες
...obstruction. Whatever undoes the damnification in whole or in part, must operate on the indemnity in the same degree. It is a contradiction in terms to bring an...indemnity, when, upon the whole event, no damage has been sustained. It is impossible that a man should desire to abandon in a case circumstanced like the present,... | |
 | Charles Babbage - 1826 - 392 σελίδες
...undoes the damnification, in " the whole or in part, must operate upon the indemnity " in the same degree. It is a contradiction in terms to bring " an action for indemnity, where upon the whole event no " damage has been sustained." Upon this ground, therefore, that the plaintiffs... | |
 | Frederick Blayney - 1837 - 326 σελίδες
...undoes the damnification in the whole " ' or in part, must operate upon the indemnity in " ' the same degree ; it is a contradiction in terms, " ' to bring an action for indemnity, where, upon the " ' whole event, no damage has been sustained.' " Upon this ground, therefore, that... | |
 | John William Smith - 1840 - 530 σελίδες
...Whatever undoes the damnification in the whole, or in part, must operate upon the indemnity in the same degree. It is a contradiction in terms, to bring an action for indemnity, where, upon the whole event, no damage has been sustained." Upon this ground, therefore, that the plaintiffs... | |
 | John William Smith - 1842 - 612 σελίδες
...Whatever undoes the damnification in the whole, or in part, must operate upon the indemnity in the same degree. It is a contradiction in terms, to bring an action for indemnity, where, upon the whole event, no damage has been sustained." Upon this ground, therefore, that the plaintiffs... | |
 | Francis Hildyard - 1845 - 894 σελίδες
...aU. Whatever undoes the damnification in whole or in part must operate upon the indemnity in the same degree. It is a contradiction in terms to bring an...indemnity, when, upon the whole event, no damage has been sustained. The reason is so much founded in sense and the nature of the thing, that the common law... | |
| |
Whatever undoes the damnification, in whole or in part, must operate upon the indemnity in the same degree. It is a contradiction in terms, to bring an action for indemnity, when, upon the whole event, no damage has been sustained. 
