 | 1866 - 932 σελίδες
...The act must be wrongful in itself and wrongfully intended." Again, Lord Ellenborough laid down — " To constitute barratry, which is a crime, the captain...proved to have acted against his better judgment" — Todd v. Ritchie (8). In ArnouUCs Law of Marine Insurance, 2nd edit., sect. 310, p. 844, "barratry"... | |
 | Francis Hildyard - 1845 - 894 σελίδες
...counsel for the plaintiff, said, " to constitute barratry, which is a crime, the captain must have been proved to have acted against his better judgment,...there is a whole ocean between you and barratry." In the case of Goldsmith v. Whitmore, (b} it was held that a sentence condemning as enemy's property,... | |
 | Charles Abbott (Baron Tenterden) - 1846 - 1088 σελίδες
...bars, thereby injuring and weakening her, Lord Ellenborongh, addressing the. counsel for the plaintiff said, — " To constitute barratry, which is a crime,...stands, there is a whole ocean between you and barratry " (A). Barratry may be committed by the owners or master against the general freighter, or with consent... | |
 | Henry Flanders - 1853 - 584 σελίδες
...of the vessel. Upon these facts Lord Ellenborough observed to the plaintiff's counsel : " In order to constitute barratry, which is a crime, the captain...there is a whole ocean between you and barratry." were to benefit the owner, it is an honest one, though it may be a mistaken one, and therefore the... | |
 | Great Britain. Courts - 1855 - 586 σελίδες
...the loss was alleged to have arisen from the barratry of the master. Lord ELLENBOROUGH. — In order to constitute barratry, which is a crime, the captain...against his better judgment; as the case stands there ia a whole ocean between you and barratry. The plaintiff afterwards elected to be non-suited. Garrow,... | |
 | Charles Abbott (Baron Tenterden) - 1856 - 996 σελίδες
...crowbars, thereby injuring and weakening her, Lord Ettenborough, addressing the counsel for the plaintiff, said, " To constitute barratry, which is a crime,...stands, there is a whole ocean between you and barratry "(A). Barratry may be committed with the privity of the freighters against the owner, or by the owners... | |
 | E. W. A. Tuson - 1856 - 626 σελίδες
...bows, thereby injuring and weakening her, Lord Ellenborough, addressing the counsel for the plaintiff, said, " To constitute barratry, which is a crime,...there is a whole ocean between you and barratry." Barratry may be committed with the privity of the freighters against the owners, or by the owners or... | |
 | Theophilus Parsons - 1859 - 928 σελίδες
...suggested that this was done to procure the- condemnation of the vessel. Lord Ellenborouyh said : "In order to constitute barratry, which is a crime, the captain...have acted against his better judgment ; as the case now stands, there is a whole ocean between you and barratry." Todd v. Ritchie, 1 Stark. 240. And if... | |
 | Sir Joseph Arnould - 1866 - 620 σελίδες
...the captain of a. sea-damaged ship, before survey, broke up her ceiling and end-bows with crow-bars and thereby injured her, but no proof was given of...there is a whole ocean between you and barratry." 3 Another principle, clearly flowing from the true notion of barratry as a criminal act committed by... | |
 | Maxwell Alexander Robertson - 1866 - 1190 σελίδες
...The act must be wrongful in itself and wrongfully intended." Again, Lord Ellenborough laid down — " To constitute barratry, which is a crime, the captain...be proved to have acted against his better judgment " — Toda v. Ritchie (1 Stark. 240). In Arnould's Law of Marine Insurance, 2nd edit., sect. 310, p.... | |
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To constitute barratry, which is a crime, the captain must be proved to have acted against his better judgment ; as the case stands there is a whole ocean between you and barratry. 
