A Treatise on Life Assurance: In which the Systems and Practice of the Leading Life Institutions are Stated and Explained, and the Statutes and Judicial Determinations Affecting Such Institutions Brought Under Review : with an Appendix of Cases, Including Arguments Particularly Relating to the Formation of Trading Joint Stock Companies

author, and published, 1823 - 200 Seiten

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Seite 169 - The question for the opinion of the Court is, whether the plaintiff is entitled to recover in respect of the obstruction of light and air complained of.
Seite 153 - It is repugnant, upon a contract for indemnity, " to recover as for a total loss, when the event has decided " that the damnification in truth is an average, or, perhaps,
Seite 171 - a change had been made in the constitution of this company, which could not be made without the consent of the whole body of the subscribers. It was such a substituted alteration in its constitution, as required the assent of all.
Seite 153 - ... their part, on the ground of such insurance, fails. And it is no objection to this answer, that the fund out of which their debt was paid did not (as was the case in the present instance) originally belong to the executors, as a part of the assets of the deceased ; for though it were derived to them aliunde, the debt of the testator was equally satisfied by them thereout ; and the damnification of the creditors, in respect of which their action upon the assurance contract is alone maintainable,...
Seite 150 - I never could entirely comprehend the ground on which that case proceeded. It was assumed that the sum taken as the penalty from the servant was the extreme limit of the injury sustained by the master ; but there is the doubt : for the penalty might have been so limited, because of the inability of the servant to undertake to pay more ; and yet it might have been very far from an adequate compensation to the master for the injury done to him by another who seduced his servant from him.
Seite 72 - Majesty's subjects, or great numbers of them, in their trade, commerce, or other lawful affairs, and all public subscriptions, receipts, payments, assignments, transfers, pretended assignments and transfers, and all other matters and things whatsoever, for furthering, countenancing, or proceeding in any such undertaking or attempt, and more particularly the acting or presuming to act as a corporate body...
Seite 10 - that all and every the undertakings and attempts described as aforesaid, and all other public undertakings and attempts, tending to the common grievance, prejudice, and inconvenience of his majesty's subjects, or great numbers of them, in their trade, commerce, or other lawful affairs...
Seite 143 - Bill filed by one partner against the other, praying an account merely, and not a dissolution, proceeding on the foundation that the partnership was to continue. Sir SAMUEL ROMILLY admitted that it would be extremely difficult to produce any authority, but said he had a strong impression that he had drawn such Bills; observing that the continuance of the partnership was the ground of the jurisdiction here, as, if the partnership was determined, each party might proceed at law to have the account...
Seite 161 - It was declared, that he should be entitled to a remuneration out of the society's funds, in case of loss by fire happening to any property therein specified, not exceeding the sums set against each article respectively ; and it was further stipulated, that neither of the directors who signed the policy, nor the plaintiff, nor the holder of it, should, as members of the society, be subject...
Seite 157 - The law does not seem to have appropriated any set form of words which are absolutely necessary to be made use of in creating a covenant." In Sheppard's Touchstone (161, 162) it is said : "There need not be any formal words as 'covenant...

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