| George Farren - 1823 - 226 σελίδες
...demand is for an indemnity : his " action, then, must be founded upon the nature of the damnifi" cation, 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 loss, when the event has decided that the damnification... | |
| Charles Babbage - 1826 - 392 σελίδες
...plaintiff's demand is for an indemnity ; " his action, then, must 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 loss, when the event has decided " that the damnification... | |
| Frederick Blayney - 1826 - 224 σελίδες
...for an indemnity 5 his action, then, " ' must be founded upon the nature of the dam" ' nification, 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 loss " ' when the event has decided that the damni" '... | |
| Frederick Maxwell Danson, John Horatio Lloyd - 1830 - 366 σελίδες
...Lord Mansfield. His words are, " The plaintiff's demand is for an indemnity; his action, then, must be founded upon the nature of his damnification, as it really is at the time of the action brought" (a) It was afterwards expressly so determined in Bainbridge v. Neilson (b) ;... | |
| 1833 - 1308 σελίδες
...by Lord Ellenborough, " 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 inquire as to the nature of the injury sustained by this capture, followed by the recapture,... | |
| John William Smith - 1840 - 530 σελίδες
...The plaintiffs demand is for an indemnity : his action then must 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 loss, when the event has decided that the damnification in... | |
| Elisha Hammond - 1840 - 200 σελίδες
...in the latter case, "the plaintiff's demand was for an indemnity, his action then must be founded on the nature of his damnification as it really is at the time of the action brought." J5ut in the case in Wendell the nature of the damage was the destruction and... | |
| John William Smith - 1842 - 612 σελίδες
...The plaintiff's demand is for an indemnity : his action then must bo 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 loss, when the event has decided that the damnification in... | |
| Francis Hildyard - 1845 - 894 σελίδες
...to the fourth and last point. " The plaintiff's demand is for an indemnity. This action, then, must be founded upon the nature of his damnification, as...the time the action is brought. It is repugnant upon ^ contract of indemnity to recover as for a total loss, when the final event has decided that the damnification,... | |
| Great Britain. Court of King's Bench, Edward Hyde East - 1845 - 586 σελίδες
...plaintiff 's demand is " for an indemnity : his action then must be founded upon the nature of the " damnification, as it really is at the time the action is brought. It is repug" nant, upon a contract for indemnity, to recover as for a total loss, when the " event has decided... | |
| |