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aban abandonment action actual total loss agent amount Arnould arrival assumpsit assured authority average barratry Benecke benefit bill of lading bottomry bound brig brought Campb capture charter-party claim clause considered consignee constructive total loss contract contribution cost court held court of equity crew damage deduction defendants deviation duty effect England entitled eral evidence expenses fact freight general-average loss hypothecation incurred injury interest intermediate port jettison Johns jury Justice liable Lisbon Lord Lord Ellenborough Lord Mansfield Lord Tenterden lost Marine Mass master ment necessary necessity opinion owner paid partial loss parties peril insured Pick plaintiff policy of insurance port of destination principle proof property insured question reason recover repairs risk rule sacrifice safety sailed salvage saved sell ship and cargo ship-owner shipper sold stranding supra Taunt tion underwriters unless usage vessel voyage wages and provisions Wend whole wrecked
Page 524 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Page 520 - ... the records and judicial proceedings of the courts of any state shall be proved or admitted, in any other court within the United States, by attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestation is in due form.
Page 520 - The records and judicial proceedings of the courts of any State shall be proved or admitted in any other court within the United States, by the attestation of the clerk and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestation is in due form.
Page 80 - The question in this case is, whether you are satisfied there has been a total loss by perils of the sea. I know of no such head of insurance law as loss by sale. If the situation of the ship be such that by no means within the master's reach it can be treated so as to retain the character of a ship, then it is a total loss. If the captain, by means within his reach, can make an experiment to save it, with a fair hope of restoring it to the character of a ship " (ie, a sea-going vessel), " he cannot,...
Page 522 - ... which it has determined. In some cases, that jurisdiction unquestionably depends as well on the state of the thing as on the constitution of the court. If by any means whatever a prize court should be induced to condemn, as prize of war, a vessel which was never captured, it...
Page 353 - If, indeed, the money is intentionally paid, without reference to the truth or falsehood of the fact, the plaintiff meaning to waive all inquiry into it, and that the person receiving shall have the money at all events, whether the fact be true or false...
Page 520 - And the said records and judicial proceedings, so authenticated, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the state from which they are taken.
Page 200 - Lege Rhodia cavetur ut si levandae navis gratia jactus mercium factus est, omnium contributione sarciatur quod pro omnibus datum est.