A Treatise on Maritime Law: Including the Law of Shipping; the Law of Marine Insurance; and the Law and Practice of Admiralty, Volumen2Little, Brown, 1859 |
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Página 20
... ground that a corporation is a mere creature of the law and can act only in the manner prescribed by the act of incorpora- tion which created it . See Head v . Providence Ins . Co. , 2 Cranch , 127. In Berthoud v . Atlantic Mar. & F ...
... ground that a corporation is a mere creature of the law and can act only in the manner prescribed by the act of incorpora- tion which created it . See Head v . Providence Ins . Co. , 2 Cranch , 127. In Berthoud v . Atlantic Mar. & F ...
Página 30
... ground that such insur- ance would not give the office the right to deduct from the amount of the loss what might be due from the owner of the property from other transactions . But this objection has been held to be of no force , as ...
... ground that such insur- ance would not give the office the right to deduct from the amount of the loss what might be due from the owner of the property from other transactions . But this objection has been held to be of no force , as ...
Página 31
... ground , that his insurance covered only the two thirds . 6 Wolff v . Horncastle , 1 B. & P. 316. In this case A consigned a cargo to B , and drew bills upon him to the amount of it in favor of C , his general agent . A sent these bills ...
... ground , that his insurance covered only the two thirds . 6 Wolff v . Horncastle , 1 B. & P. 316. In this case A consigned a cargo to B , and drew bills upon him to the amount of it in favor of C , his general agent . A sent these bills ...
Página 40
... ground pointed out in the next note . In Buffalo Steam Engine Works v . Sun Mutual Ins . Co. , New York Court of Appeals , 1858 , the action was brought by the mortgagee , to whom the policy had been assigned . The owner of the vessel ...
... ground pointed out in the next note . In Buffalo Steam Engine Works v . Sun Mutual Ins . Co. , New York Court of Appeals , 1858 , the action was brought by the mortgagee , to whom the policy had been assigned . The owner of the vessel ...
Página 48
... ground will be to present those rules which have been passed upon juridically in connection with contracts of insurance . The most important question is , whether the contract should be construed favorably to one party or to the other ...
... ground will be to present those rules which have been passed upon juridically in connection with contracts of insurance . The most important question is , whether the contract should be construed favorably to one party or to the other ...
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Otras ediciones - Ver todas
A Treatise on Maritime Law: Including the Law of Shipping - Primary Source ... Theophilus Parsons Sin vista previa disponible - 2014 |
Términos y frases comunes
abandonment action actual admiralty agent American amount appears apply arrival assured attach authority bound Camp cargo carried cause circumstances cited claim clause commencement condition considered contract court court held covered crew damage decided decision defendants deviation discharge East effect England entitled evidence exist fact fire freight give given ground held insured intention interest Johns jurisdiction Justice letter liable Lord lost Mass master meaning nature necessary neutral opinion owner paid parties peril person Pick plaintiff port possession premium present principle proceeds question reason received recover repairs risk rule sailed salvage sea-worthy seems ship subsequent sufficient suit taken Taunt thing tion total loss trade underwriters United unless usage vessel voyage wages warranty Wash whole York
Pasajes populares
Página 516 - A final judgment or decree in any suit, in the highest court of law or equity of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity...
Página 288 - ... until the same be there discharged and safely landed. And it shall be lawful for the said ship, &c, in this voyage, to proceed and sail to and touch and stay at any ports or places whatsoever without prejudice to this insurance.
Página 49 - ... the same rule of construction which applies to all other instruments applies equally to this instrument of a policy of insurance, viz. that it is to be construed according to its sense and meaning as collected in the first place from the terms used in it, which terms are themselves to be understood in their plain, ordinary, and popular sense, unless they have generally in respect...
Página 672 - In all suits on bottomry bonds, properly so called, the suit shall be in rem only against the property hypothecated, or the proceeds of the property, in whosesoever hands the same may be found, unless the master has, without authority, given the bottomry bond, or by his fraud or misconduct has avoided the same, or has subtracted the property, or unless the owner has, by his own misconduct or wrong, lost or subtracted the property, in which latter cases the suit may be in personam against the wrongdoer.
Página 755 - ... been made to answer the exigency of the suit, require the defendant to give a stipulation, with sureties, in such sum as the court shall direct, to pay all costs and expenses which shall be awarded against him in the suit, upon the final adjudication thereof, or by any interlocutory order in the progress of the suit.
Página 692 - Bonds or stipulations in admiralty suits may be given and taken in open court, or at chambers, or before any commissioner of the court who is authorized by the court to take affidavits of bail and depositions in cases pending before the court, or any commissioner of the United States authorized by law to take bail and affidavits in civil cases, 6.
Página 14 - England have decided, that a person who removes to a foreign country, settles himself there, and engages in the trade of the country, furnishes, by these acts, such evidence of an intention permanently to reside there, as to stamp him with the national character of the State where he resides.
Página 683 - And no civil suit shall be brought before either of said courts against an inhabitant of the United States, by any original process in any other district than that whereof he is an inhabitant, or in which he shall be found at the time of serving the writ...
Página 693 - ... where bail is taken the court may, upon motion, for due cause shown, reduce the amount of the sum contained in the bond or stipulation therefor ; and in all cases where a bond or stipulation is taken as bail, or upon dissolving an attachment of property as aforesaid, if either of the sureties shall become insolvent pending the suit, new sureties may be required by the order of the court to be given, upon motion and due proof thereof.
Página 721 - But unless it appears to the satisfaction of the court that the witness is then dead, or gone out of the United States, or to a greater distance than one hundred miles from the place where the court is sitting, or that by reason of age, sickness, bodily infirmity, or imprisonment, he is unable to travel and appear at court, such deposition shall not be used in the cause...