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 |
Dentro del libro
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Página xiii
... libel . 670 SECTION V. Of joinder of parties . 671 SECTION VI . Of joinder of actions ex contractu and ex delicto . 672 SECTION VII . , Of joinder of actions in rem and in personam 674 SECTION VIII . Of the essential elements of a libel ...
... libel . 670 SECTION V. Of joinder of parties . 671 SECTION VI . Of joinder of actions ex contractu and ex delicto . 672 SECTION VII . , Of joinder of actions in rem and in personam 674 SECTION VIII . Of the essential elements of a libel ...
Página 439
... libel , and the full freight should be paid . This was done , and the goods were subsequently brought to New York in another vessel , at an additional freight . It was held , that this was a loss consequent on the capture , and one for ...
... libel , and the full freight should be paid . This was done , and the goods were subsequently brought to New York in another vessel , at an additional freight . It was held , that this was a loss consequent on the capture , and one for ...
Página 510
... libel in personam for breach of a contract of affreightment between the cities of Providence and New York , was maintained . On page 392 , the court disposed of the objection that the suit was in personam , as follows : " If the cause ...
... libel in personam for breach of a contract of affreightment between the cities of Providence and New York , was maintained . On page 392 , the court disposed of the objection that the suit was in personam , as follows : " If the cause ...
Página 511
... libel in rem is maintainable against the vessel , by a shipper entitled to contribution from the ship . Dupont de Nemours v . Vance , 19 How . 162 ; Dike v . Propeller St. Joseph , 6 McLean , C. C. 573 ; The John Perkins , U. S. C. C. ...
... libel in rem is maintainable against the vessel , by a shipper entitled to contribution from the ship . Dupont de Nemours v . Vance , 19 How . 162 ; Dike v . Propeller St. Joseph , 6 McLean , C. C. 573 ; The John Perkins , U. S. C. C. ...
Página 512
... libel upon a common policy of insurance and try the case in admiralty . Our reason is simply this : the contract of insurance is made between parties one of whom certainly is in no other sense a " maritime " person than all must be who ...
... libel upon a common policy of insurance and try the case in admiralty . Our reason is simply this : the contract of insurance is made between parties one of whom certainly is in no other sense a " maritime " person than all must be who ...
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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...