An Essay on Maritime Loans
Reprint of the first American edition. With notes and references to English and American cases. "Of all the French writers upon Commercial Law, Emerigon holds the first rank. His writings and his reputation are not confined to France alone, for the jurists of Great Britain and the United States have equally derived assistance form his labors, and have borne their united testimony to his great learning and diligence. Lord Ellenborough says, "who has equaled Emerigon as a theoretical and practical writer on the Law of Insurance? He has exhausted every topic, so far as materials were within his reach; and upon all new questions his work, for illustration, and authorities, and usages, is still unrivalled." Chancellor Kent has spoken with equal warmth and truthfulness of Emerigon, for he remarks, that his [Essay on Maritime Loans] "very far surpasses all preceding works in the extent, value, and practical application of his principles. It is the most didactic, learned, and finished production extant on the subject. He professedly carried his researches into the antiquities of the maritime law, and illustrated the ordinances by what he terms the jurisprudence of the tribunals; and he discusses all incidental questions, so as to bring within the compass of his work a great portion of international and commercial law connected with the doctrines of Insurance. In the language of Lord Tenterden, no subject in Emerigon is discussed without being exhausted, and the eulogy is as just as it is splendid.'"-J. G. Marvin, Legal Bibliography (1847) 292. BALTHAZARD-MARIE EMERIGON [1716-1785] was the leading French authority on commercial law. His reputation rests on his Nouveau Commentaire sur l'Ordonnance de la Marine, du Mois d'Aout 1681 (1780) and Traite des Assurances et des Contrats a la Grosse (1783)."
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accident action admiralty amount arret arrived assurances authority average bill borrow money bound Cape Francois captain cargo cent claim commerce common legal interest consent Consolato contract of maritime contribute court creditors debt debtor demand effects entitled exercitor favour furnished gross adventure hypothecation ipso jure Kuricke lender lent money lien livres loss mariners maritime interest maritime loan maritime risque Marseilles Martinique master merchandize money at bottomry money lent navis necessities obliged ordinance owners paid parties payment pecunia perils petition pledge port Pothier premium principal privilege propositus publick purchase risk ritime Roman law sail saved says seamen sect SECTION sentence was rendered sold solidum stipulated sum borrowed sum lent tain tence thing third persons tion tract trajectitia usurious Valin vendor vessel Vinnius vis major voyage wages whole
Page 4 - book, the right whereof they claim as proprietors,, in the words following-, to wit
Page 35 - contract: as in a bond, if one out of twenty ships bound from Newcastle to London, arrived safe ; that would be a contingency thrown in to evade the statute, which would be too hard for such a bond: so if such a contract is made, if the packet should return to
Page 26 - quantitatem, pro eo, quod suscipit in se periculum, recepturus aliquid ultra sortem, usurarius est censendus.]
Page 34 - A bargain on a mere contingency, where the reward is given for the risk, not for forbearance,