 | Great Britain. Court of Exchequer - 1835 - 1150 σελίδες
...condition precedent, because in Cook v. Jennings, Latcrence J. says, " when a ship is driven on shore it b the duty of the master either to repair his ship or...performed the voyage he is then entitled to his freight ;" therefore if here he has performed his duty by finding another ship, and the cargo has arrived,... | |
 | Great Britain. Court of Common Pleas, John Scott - 1836 - 922 σελίδες
...Cowper, as a direct authority against the plaintiff; and Lawrence, J., added: " When a ship is driven on shore, it is the duty of the master either to repair...of the goods prevents him; nor is he entitled pro rata unless under a new agreement. Perhaps the subsequent receipt of these goods by the defendant might... | |
 | Great Britain. Court of Common Pleas, Peregrine Bingham - 1836 - 856 σελίδες
...to this action the defendant has a right to say, non hac infadera vent." 565 And Lawrence J., — " He is not entitled to the whole freight unless he...of the goods prevents him ; nor is he entitled pro rata unless under a new agreement." In Abbott on Shipping, chnp. 7., it is laid down, — "The contract... | |
 | Great Britain. Court of King's Bench, Sir Erskine Perry, Sir Henry Davison - 1839 - 770 σελίδες
...In Cook v. Jenninss (a), has been lie- . ... . . ccssary. Lawrence J. said, " When a ship is driven on shore, it is the duty of the master either to repair...he is not entitled to the whole freight unless he performs his whole voyage." So, in Abbott on Shipping, 303 (5th oil. ), it is laid down generally that,... | |
 | Charles Abbott (Baron Tenterden) - 1846 - 1088 σελίδες
...be by parol or under seal, the operation of the law on it is equally the same. When a ship is driven on shore, it is the duty of the master either to repair...in cases where the owner of the goods prevents him ; (1) nor is he entitled pro rata unless under a new agreement. Perhaps the subsequent receipt of these... | |
 | Joseph Kinnicut Angell - 1849 - 808 σελίδες
...150. In Cooke r. Jennings, 7 TR 381, Mr. J. Lawrence thus expresses himself: " When a ship is driven on shore, it is the duty of the master either to repair the ship, or to procure another ; and having performed the voyage, he is then entitled to his freight... | |
 | Joseph Kinnicut Angell - 1851 - 836 σελίδες
...In Cooke o. Jennings, 7 TR 381, Mr. J. Lawrence thus expresses himself: — " When a ship is driven on shore, it is the duty of the master either to repair the ship, or to procure another ; and having performed the voyage, he is then entitled to his freight;... | |
 | Great Britain. Courts - 1854 - 814 σελίδες
...ven!." *And Lawrence, J., — " He is not entitled to the whole freight unless „<*• he performs the whole voyage, except in cases where the owner...the *• goods prevents him ; nor is he entitled pro rata unless under a new agreement." In Abbott on Shipping, chap. 7, it is laid down, — " The contract... | |
 | Great Britain. Courts - 1855 - 586 σελίδες
...with a complete answer to the argument drawn from Worsley ?. Wood; he observes that " the plaintiff is not entitled to the whole freight unless he perform...owner of the goods prevents him, nor is he entitled to freight pro rota, unless (a) Cit. in Janet ч. Barkley, Doug. 689. Best, in reply. The defendant's... | |
 | Conway Robinson - 1855 - 884 σελίδες
...such performance. 1 Sid. 179; 3 Esp. 137 ; Dunnett v. Tomhagen, 3 Johns. 154. When a ship is driven on shore, it is the duty of the master either to repair...his ship or to procure another, and having performed his voyage. he is then entitled to his freight : but he is not entitled to the whole freight unless... | |
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When a ship is driven on shore, it is the duty of the master either to repair his ship, or to procure another; and having performed the voyage, he is then entitled to his freight ; but he is not entitled to the whole freight, unless he perform the whole... 
