Reports of Cases Argued and Determined in the English Courts of Common Law: With Tables of the Cases and Principal Matters, Band 113

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T. & J.W. Johnson, 1871
 

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Seite 155 - of all kings, princes, and people, of what nation, condition, or quality soever," applies to a seizure of the ship in consequence of an embargo laid on her by the Sovereign of the country of the assured, for the purpose of carrying on a war with another power; per Crompton and Blackburn, JJ., In
Seite 157 - restraints, and attainments of all kings, princes, and people, of what nation, condition, or quality soever, barratry of the master and mariners, and of all other perils, losses, and misfortunes that have or should come to the hurt, detriment, or damage of the goods
Seite 635 - ports and places in the Clyde, or from Liverpool, to Kurrachee or Calcutta, and for the space of thirty days after her arrival at her port, upon the body, tackle, apparel, ordnance, munition, artillery, boat and other furniture of and in the good ship or vessel called The
Seite 273 - or at whose suit or on whose account such execution or attachment shall have issued, had not at the time of such conveyance, contract, dealing or transaction, or at the time of executing or levying such execution or attachment, notice of any prior act of bankruptcy by him committed: Provided also, that where a commission
Seite 461 - vious position, the former is concluded from averring against *• the latter a different state of things as existing at the same time." But that doctrine does not apply where both parties knew the real facts of the transaction, and there was no deception.
Seite 635 - places in the Clyde, or from Liverpool, to Kurrachee or Calcutta, and for the space of thirty days after her arrival at her port, upon the body, tackle, apparel, ordnance, munition, artillery, boat, and other furniture of and in the good ship or vessel called The
Seite 521 - determination as being erroneous in point of law, apply in writing within three days after the same to the said justice or justices, to state and sign a case setting forth the facts and the grounds of such determination, for the opinion thereon, of one of the superior Courts of law to be named by the
Seite 797 - But this rule is only applicable when the contract is positive and absolute, and not subject to any condition either express or implied : and there are authorities which, as we think, establish the principle that where, from the nature of the contract, it appears that the parties must from the beginning have known
Seite 239 - damages, leave being reserved to the defendants to move to enter a nonsuit if the Court should be of opinion that there was no evidence on which the jury could properly find a verdict for the plaintiff.
Seite 157 - and sail to and touch and stay at any ports or places whatsoever and wheresoever without prejudice to the insurance. The ship, &c., goods and merchandises, <ic., for so much as concerns the assured, by agreement between the assured and assurers in

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