Treatises on Average, and Adjustments of Losses in Marine Insurance

Lilly, Wait, Colman, and Holden, 1833 - 456 Seiten

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Seite 392 - NB — Corn, fish, salt, fruit, flour, and seed are warranted free from average, unless general, or the ship be stranded — sugar, tobacco, hemp, flax, hides and skins are warranted free from average, under five pounds per cent., and all other goods, also the ship and freight, are warranted free from average, under three pounds per cent, unless general, or the ship be stranded.
Seite 400 - ... inasmuch as the written words are the immediate language and terms selected by the parties themselves for the expression of their meaning, and the printed words are a general formula adapted equally to their case and that of all other contracting parties upon similar occasions and subjects.
Seite 377 - French eighty-gun ship that had been set on fire to prevent her falling into the hands of the English; and having anchored in a secure position, left my vessel in a four-oared boat, passed the batteries undiscovered, and executed my orders as the brave marshal stood in the great square, with white flags and beauty greeting his arrival. Peace came! Bonaparte was elbowed off...
Seite 275 - ... demandable. Now, without pronouncing what might have been the effect of a statement in this case, (if it had contained such,) that it was the known and invariable usage amongst merchants at Lisbon, the port of discharge...
Seite 145 - If the captain, say sections 1820 and 1821, in order to preserve the cargo, run the vessel intentionally ashore, the damage thereby occasioned to the ship and cargo, as well as all incidental charges, belong to the general average. But if it appear clearly from the circumstances, that the stranding was resorted to merely for the purpose of saving the lives or liberty of the crew, the damage, even if the whole cargo be saved, is held to be particular average.
Seite 36 - ... goods were put on board, from the carriage of which freight would result, or that there was some contract, under which the ship-owner, if the voyage were not stopped by the perils insured against, would have been entitled to demand freight: and in either case, if the policy be open, the sum payable to the ship-owner for freight, together with the premiums of insurance and commission thereupon, is the extent to which the underwriters are chargeable.
Seite 420 - A ship being under conduct of a pilot in her course up the river to Liverpool, was, against the advice of the master, fastened at the pier of the dock basin by a rope to...
Seite 422 - ... hours. She was each time floated off by the tide, and afterwards at high water was moored to a quay in Cork harbour : on the tide ebbing she fell over on •her side, and lay on her broadside for two whole tides, by which the ship and cargo (which was warranted free of average) were much damaged. Taking the ground in the manner mentioned appeared in evidence to be no more than was usual with all vessels of the same class in the Cork river.
Seite 96 - J. is, that all loss which arises in consequence of extraordinary sacrifices or expenses incurred for the preservation of the ship and cargo come within the description of general average.

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