A Treatise on the Law of Insurance

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Butterworths, 1808 - Fire insurance - 428 pages
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Page 444 - ... ships inconsistent with amity or neutrality; and if they consent to accept this pledge, no third party has a right to quarrel with it, any more than with any other pledge which they may agree mutually to accept But surely no sovereign can legally compel the acceptance of such a security by mere force.
Page 446 - Vattel is here to be considered not as a lawyer merely delivering an opinion, but as a witness asserting the fact — the fact that such is the existing practice of modern Europe. And to be sure the only marvel in the case is, that he should mention it as a law merely modern, when it is remembered that it is a principle, not only of the civil law, (on which great part of the law of nations is founded,) but of the private jurisprudence of most countries in Europe, that a contumacious refusal to submit...
Page 447 - I stand with confidence upon all fair principles of reason, — upon the distinct authority of Vattel, — upon the Institutes of other great maritime countries, as well as those of our own country, — when I venture to lay it down, that by the law of nations, as now understood, a deliberate and continued resistance to search, on the part of a neutral vessel to a lawful cruiser, is followed by the legal consequence of confiscation.
Page 443 - This right is so clear in principle, that no man can deny it who admits the legality of maritime capture; because if you are not at liberty to ascertain by sufficient inquiry whether there is property that can legally be captured, it is impossible to capture.
Page 387 - The institution must conform to the text law, and likewise to the constant usage upon the matter; and when I am told that, before the present war, no sentence of this kind has ever been produced in the annals of mankind, and that it is produced by one nation only in this war, I require nothing more to satisfy me that it is the duty of this court to reject such a sentence as inadmissible.
Page 477 - On the trial it was objected that there was fraud on the part of the insured, by the concealment of circumstances which ought to have been disclosed ; particularly the weakness of the fort, and the probability of its being attacked by the French. This was offered to be proved by two letters ; one from the governor to R. Carter, his brother and agent ; and the other to the India...
Page 370 - There were fourteen fhips waiting, and the John and Jane got out by twelve o'clock, and one of the firft ; the convoy having failed gently on, and being two leagues a-head. It was a hard gale, and by fix in the afternoon, the...
Page 215 - ... arrests, restraints, and detainments 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 shall come to the hurt, detriment, or damage of the said goods and merchandises, and ship, &c., or any part thereof.
Page 444 - ... belligerent cruiser; I say legally, because what may be given, or be fit to be given, in the administration of this species of law, to considerations of comity or of national policy, are views of the matter which, sitting in this Court, I have no right to entertain. All that I assert is that legally it cannot be maintained that if a Swedish commissioned...
Page 108 - Co. as agents, as well in their own name as for and in the name or names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all...

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