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" 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 the action is brought. It is repugnant, upon a contract of indemnity, to recover as for a total loss, when... "
A System of the Law of Marine Insurances: With Three Chapters on Bottomry ... - Σελίδα 154
των James Allan Park - 1800 - 599 σελίδες
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A Treatise on Life Assurance: In which the Systems and Practice of the ...

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...

A Comparative View of the Various Institutions for the Assurance of Lives

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...

A Practical Treatise on Life-assurance: In which the Statutes and Judicial ...

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" '...

Mercantile Cases: Reports of Cases Relating to Commerce ..., Μέρος 10

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) ;...

The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

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,...

A Selection of Leading Cases on Various Branches of the Law ..., Τόμος 2,Μέρος 1

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...

A Treatise on the Law of Fire Insurance, and Insurance on Inland Waters: 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...

A Selection of Leading Cases on Various Branches of the Law: With Notes, Τόμος 2

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...

A Treatise on the Principles of the Law of Marine Insurance: In ..., Τόμος 644

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,...

Reports of Cases Argued and Determined in the Court of King's Bench ..., Τόμος 5

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...




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