An Essay on Maritime Loans

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The Lawbook Exchange, Ltd., 1811 - Business & Economics - 313 pages
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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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Contents

II
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III
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IV
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V
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VI
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VII
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VIII
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IX
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XXXII
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XXXIII
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XXXIV
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XXXV
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XXXVI
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XXXVII
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XXXVIII
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XXXIX
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L
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LI
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LIII
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LIV
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LV
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LVI
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LVII
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LVIII
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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,
Page 30 - pay, not only for the use of the money, but for the
Page 35 - within the statute. The slightness or reality of the risk seems to be the only rule directing the judgment of the court. Cro. Eliz. 741. Bedingfield v. Ashley; and in 3. Keb. 304. Long. v. Wharton, which, though inaccurately reported, seems to me

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