A Treatise on the Law of Insurance: In Four Books; I. Of Marine Insurances, II. Of Bottomry and Respondentia, III. Of Insurance Upon Lives, IV. Of Insurance Against Fire, Band 1
A. Strahan, 1802
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Seite 172 - It is no matter if the ufage has been only for a year. This trade has exifted, and has been conducted in the fame manner for three years. It is well known, that the...
Seite 313 - 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...
Seite 357 - By so doing, he took the knowledge of the state of the place upon himself. It was a matter as to which he might be informed, various ways : it was not a matter within the private knowledge of the Governor only.
Seite 137 - ... surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever...
Seite 310 - 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.
Seite 311 - ... 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.
Seite 137 - ... 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.
Seite 164 - This is not to be confidered as a fufpenfion of the policy ; for as the policy would extend to a lofs, happening in the unloading and cefhipping from one fhip to another, fo any means to attain that end come within the meaning of the policy.
Seite 312 - I am not ignorant, that amongst the loose doctrines which modern fancy, under the various denominations of philosophy and philanthropy, and I know not what, have thrown upon the world, it has been within these few years advanced, or rather insinuated, that it might possibly be well if such a security were accepted. Upon such unauthorized speculations it is not necessary for me to descant. The law and practice of nations (I include...
Seite 10 - Europe, who, began to acquire fome tafte of elegance unknown to their anceftors, or defpifed by them. During the twelfth and thirteenth centuries, the commerce of Europe was almoft entirely in the hands of the Italians, more commonly known in thofe ages by the name of Lombards. Companies or focieties of Lombard merchants fettled in every different kingdom. They were taken under the immediate protection of the feveral governments.