British Ruling Cases from Courts of Great Britain, Canada, Ireland, Australia and Other Divisions of the British Empire, Extensively Annotated, Volume 5Lawyers Co-operative Publishing Company, 1916 - Law reports, digests, etc "This series of reports is in a sense a continuation, but with a decided expansion, of the plan of the English ruling cases, as it takes the cases from the British empire, instead of from England only, but it continues the English ruling cases in the sense that it will include the most important cases from the English courts decided since that series terminated."--Pref. |
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Page 22
... recover as for total loss , ” infra . As between the insurer and the insured it is immaterial whether the capture is in accordance with the law of nations or not ( Kohne v . Insurance Co. of N. A. ( 1814 ) 6 Binn . 219 ; Seymour v ...
... recover as for total loss , ” infra . As between the insurer and the insured it is immaterial whether the capture is in accordance with the law of nations or not ( Kohne v . Insurance Co. of N. A. ( 1814 ) 6 Binn . 219 ; Seymour v ...
Page 23
... recover upon a policy of insurance upon the freight , the direct cause of the loss not being a casualty or event within the contract of insurance , but a violation of the implied engagement of the insured that the vessel and voyage upon ...
... recover upon a policy of insurance upon the freight , the direct cause of the loss not being a casualty or event within the contract of insurance , but a violation of the implied engagement of the insured that the vessel and voyage upon ...
Page 38
XII . Extent of liability ; right to abandon to insurer and recover as for total loss . a . In general . Assuming , or having determined , the existence of a liability on the part of the insurer for a loss arising out of a state of war ...
XII . Extent of liability ; right to abandon to insurer and recover as for total loss . a . In general . Assuming , or having determined , the existence of a liability on the part of the insurer for a loss arising out of a state of war ...
Page 39
... recover the ship . " This conclusion was affirmed by the court of appeal in [ 1915 ] 1 K. B. 922 , 84 L. J. K. B. N. S. 1026 , 20 Com . Cas . 152 , 111 L. T. N. S. 1053 , [ 1915 ] W. N. 68 , 31 Times L. R. 211 , 59 Sol . Jo . 285 ...
... recover the ship . " This conclusion was affirmed by the court of appeal in [ 1915 ] 1 K. B. 922 , 84 L. J. K. B. N. S. 1026 , 20 Com . Cas . 152 , 111 L. T. N. S. 1053 , [ 1915 ] W. N. 68 , 31 Times L. R. 211 , 59 Sol . Jo . 285 ...
Page 40
... recover as for a constructive total loss , where at the date when the notice of abandonment was given the vessel was lying in a Danish port to which it had proceeded in consequence of having been stopped by a German torpedo boat and ...
... recover as for a constructive total loss , where at the date when the notice of abandonment was given the vessel was lying in a Danish port to which it had proceeded in consequence of having been stopped by a German torpedo boat and ...
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Common terms and phrases
18 Times L. R. action agent agreement alien enemy amount apply assignment Asso assured authority Bank bill blank breach British capture cargo claim contract corporation court of equity covenant creditor damages debt debtor decision decree defendant domicil duty effect entitled equity estoppel fact forfeiture fraud granted ground held holder injunction insured judgment jurisdiction jury L. J. Ch land learned judge legatee liable London County Council Lord Lord Macnaghten ment mortgage mortgagor N. Y. Supp negotiable negotiable instrument neutral nonpayment note given notice obligation opinion owner parties payable payment person plaintiff port premium note principal prize Prize Court promissory note provision purpose question railway reason recover residuary Revised Rep seizure ship statute statute of frauds supra surety testator tion trustee ultra vires Union Mut vessel void warranty Week Whatton
Popular passages
Page 645 - That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 842 - Bequest shall not lapse, but shall take effect as if the Death of such Person had happened immediately after the Death of the Testator, unless a contrary Intention shall appear by the Will.
Page 682 - But if any such instrument, after completion, is negotiated to a holder in due course, it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up strictly in accordance with the authority given and within a reasonable time.
Page 654 - An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer it is negotiated by delivery ; if payable to order it is negotiated by the indorsement of the holder completed by delivery.
Page 681 - ... within a reasonable time. But if any such instrument, after completion, is negotiated to a holder in due course, it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up...
Page 883 - It may not be unworthy of remark, that it is very unusual, even in cases of conquest, for the conqueror to do more than to displace the sovereign and assume dominion over the country. The modern usage of nations, which has become law...
Page 672 - Holder" means the payee or indorsee of a bill or note, who is in possession of it, or the bearer thereof. "Indorsement" means an indorsement completed by delivery.
Page 704 - In order, however, that any such instrument when completed may be enforced against any person who became a party thereto prior to its completion, it must be filled up strictly in accordance with the authority given and within a reasonable time.
Page 16 - Where a ship is expressly warranted "neutral" there is also an implied condition that, so far as the assured can control the matter, she shall be properly documented, that is to say, that she shall carry the necessary papers to establish her neutrality, and that she shall not falsify or suppress her papers" or use simulated papers. If any loss occurs through breach of this condition, the insurer may avoid the contract.
Page 649 - The rules of equity and of common law applicable to partnership shall continue in force except so far as they are inconsistent with the express provisions of this Act.