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A Treatise on the Law of Fire Insurance, and Insurance on Inland Waters: In ...
Δεν υπάρχει διαθέσιμη προεπισκόπηση - 2016
16 Wend action agent amount annexed appear applied assignment assumpsit assured averment barratry benefit bill of lading broker Busk cargo cause certificate circumstances claim clause commission condition consignee consignor contained court court of equity covenant covered damage by fire declaration defendants Dougl effect entitled to recover equity evidence express warranty fact fraud freight Hall hazardous held indemnity inserted insu insurable interest insurance against fire intended jury liable Lord Ellenborough Lord Mansfield loss by fire loss or damage marine policy material memorandum merchant negligence notice owner paid particular parties payment perils persons Pick plaintiff plea policies against fire policy of insurance port power of attorney premises principle property insured rate of premium referred representation risk rule ship specified steamboat stipulation sufficient sustained therein tiff tion total loss trade underwriters unless usage usually vessel voyage warranty
Σελίδα 170 - ... and in case of any loss or misfortune it shall be lawful to the assured, their factors, servants, and assigns, to sue, labour, and travel for, in, and about the defence, safeguard, and recovery of the said goods and merchandizes and ship, &c., or any part thereof, without prejudice to this insurance...
Σελίδα 170 - Part thereof; and in case of any Loss or Misfortune, it shall be lawful to the Assured, their Factors, Servants, and Assigns, to sue, labour, and travel for, in and about the Defence, Safeguard and Recovery of the said Goods and Merchandises and Ship, Ac., or any Part thereof, without Prejudice to this Insurance; to the Charges whereof we, the Assurers, will contribute, each one according to the Rate and Quantity of his sum herein assured.
Σελίδα 169 - Touching the adventures and perils which we the assurers are contented to bear and do take upon us in this voyage...
Σελίδα 170 - ... are contented, and do hereby promise and bind ourselves, each one for his own part, our heirs, executors, and goods to the assured, their executors, administrators, and assigns, for the true performance of the premises, confessing ourselves paid the consideration due unto us for this assurance by the assured, at and after the rate of In Witness whereof we, the assurers, have subscribed our names and sums assured in London.
Σελίδα 169 - ... lost or not lost, at and from , 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 called the , whereof is master (under God) for this present voyage , or whosoever else shall go for master in the said ship, or by whatsoever other name or names the same ship, or the master thereof, is or shall be named or called.
Σελίδα 72 - ... to be understood in their plain, ordinary, and popular sense, unless they have generally in respect to the subject-matter, as by the known usage of trade or the like, acquired a peculiar sense distinct from the popular sense of the same words; or unless the context evidently points out that they must, in the particular instance and in order to effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense.
Σελίδα 124 - In short, it may be laid down as a general rule, that the opinion of witnesses possessing peculiar skill is admissible, whenever the subject-matter of inquiry is such, that inexperienced persons are unlikely to prove capable of forming a correct judgment upon it without such assistance...
Σελίδα 72 - ... inasmuch as the written words are the immediate language and terms selected by the parties themselves for the expression of their meaning, and the printed words are a general formula adapted equally to their case and that of all other contracting parties upon similar occasions and subjects.
Σελίδα 169 - ... beginning the adventure upon the said goods and merchandises from the loading thereof aboard the said ship, upon the said ship, &c.