A Digest of Maritime Law Cases, from 1837 to 1860

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H. Cox, 1865 - Maritime law - 159 pages
 

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Page 15 - We are of opinion, that where memorandum goods of the same species are shipped, whether in bulk or in packages, not expressed by distinct valuation or otherwise in the policy to be separately insured, and there is...
Page 133 - has, by virtue of his employment, not merely those powers which are necessary for the navigation of the ship and the conduct of the adventure to a safe termination, but also a power, when such termination becomes hopeless, and no prospect remains of bringing the vessel home, to do the best for all concerned, and, therefore, to dispose of her for their benefit.
Page 39 - This mention of insurance seems to me to stamp the transaction indelibly as a payment on account of freight, and not a mere loan ; for if the advance was to be insured, it must be an advance of freight which is insurable whereas a loan is not.
Page 74 - I take the general doctrine to be clear, that whenever a debt is made payable in one country, and it is afterwards sued for in another country, the creditor is entitled to receive the full sum necessary to replace the money in the country where it ought to have been paid...
Page 25 - That it was further stipulated, that if the charterers, or their agents, should think fit to advance any further sum on the credit of the freight for repairs, stores and disbursements, such sums, with interest and commission, were to be considered as part payment of freight to the master, and that the captain's receipt for the same was to be binding upon the owners.
Page 73 - The Company will not be responsible for Mistakes in the transmission of unrepeated messages, from whatever cause they may arise.
Page 15 - ... distinct valuation or otherwise in the policy to be separately insured, and there is no general average and no stranding, the ordinary memorandum exempts the underwriters from liability for a total loss or destruction of part only, though consisting of one or more entire package or packages, and though such package or packages be entirely destroyed, or otherwise lost by the specified perils.
Page 20 - Nations a belligerent shall not concede to another belligerent, or take for himself, the right of carrying on commercial intercourse prohibited to neutral nations ; and, therefore, no blockade can be legitimate that admits to either belligerent a freedom of commerce denied to the subjects of states not engaged in the war. The foundation of...
Page 45 - Excelsior' (ss), and her freight, by or in pursuance of the judgment of any court of law or equity, or by or in pursuance of any award made upon any reference entered into by the assured...

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