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accept according action agent agreed amount appeal apply arrived assured authority average Bigham bill of lading broker carcases cargo carried charge charterers charterparty claim clause clients condition consignee contained continued contract course Court cover custom damages December default defendants deliver delivery discharge documents effect entitled evidence existence fact freight further give given gold Government held intention interest jobber judgment liability loading London Lord marked master Mathew meaning months named notice obligation October opinion owners paid particular parties payment person plaintiffs port practice present principal privity proved purchase question reason received recover referred regard respect respondents risk rule seizure shares ship shipment shipowners signed sold Solicitors steamship Stock Exchange taken total loss transaction underwriters vessel voyage
Seite 152 - ... where, from the nature of the contract, it appears that the parties must from the beginning have known that it could not be fulfilled unless when the time for the fulfilment of the contract arrived some particular specified thing continued to exist, so that, when entering into the contract, they must have contemplated such continuing existence as the foundation of what was to be done...
Seite 281 - Where a banker in good faith and without negligence receives payment for a customer of a cheque crossed generally or specially to himself, and the customer has no title, or a defective title, thereto, the banker shall not incur any liability to the true owner of the cheque by reason only of having received such payment.
Seite 316 - Every bill of lading in the hands of a consignee or endorsee for valuable consideration, representing goods to have been shipped on board a vessel, shall be conclusive evidence of such shipment as against the master or other person signing the same, notwithstanding that such goods or some part thereof may not have been so shipped...
Seite 44 - ... notwithstanding that such goods or some part thereof may not have been so shipped, unless such holder of the bill of lading shall have had actual notice at the time of receiving the same that the goods had not been in fact laden on board: Provided, that the master or other person so signing may exonerate himself in respect of such misrepresentation by showing that it was caused without any default on his part, and wholly by the fraud of the shipper or of the holder, or some person under whom...
Seite 195 - The general rule is that where you cannot sever the illegal from the legal part of a covenant, the contract is altogether void; but, where you can sever them, whether the illegality be created by statute or by the common law, you may reject the bad part and retain the good.
Seite 52 - every bill of lading in the hands of a consignee or indorsee for valuable consideration representing goods to have been shipped on board a vessel shall be conclusive evidence of such shipment as against the master or other person signing the same...
Seite 241 - In the event of any stoppage or stoppages arising from any of these causes continuing for the period of six running days from the time of the Vessel being ready to load, this Charter shall become null and void; provided, however, that no Cargo shall have been shipped on board the Steamer previous to such stoppage or stoppages.
Seite 203 - ... 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 56 - ... it frequently happens that the goods in respect of which bills of lading purport to be signed have not been laden on board, and it is proper that such bills of lading in the hands of a bona fide holder for value should not be questioned by the master or other person signing the same on the ground of the goods not having been laden as aforesaid: 1.
Seite 130 - ... (the act of God, the Queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation of whatever nature and kind soever excepted) unto or to assigns freight for the said goods with primage and average accustomed.