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Home > Art, Film & Photography > Reports of Cases Argued and Determined in the Court of Common Pleas and Other Courts from Michaelmas Term, 48 Geo. III. 1807 to Hilary Term, 59 Geo. III. 1819 Inclusive Volume 1
Reports of Cases Argued and Determined in the Court of Common Pleas and Other Courts from Michaelmas Term, 48 Geo. III. 1807 to Hilary Term, 59 Geo. III. 1819 Inclusive Volume 1

Reports of Cases Argued and Determined in the Court of Common Pleas and Other Courts from Michaelmas Term, 48 Geo. III. 1807 to Hilary Term, 59 Geo. III. 1819 Inclusive Volume 1


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1811 Excerpt: ...homeward voyage, for sailing with convoy from Malta to Gibraltar. If the underwriters insist on the abandonment, they must necessarily thereby admit the plaintiff's interest on the outward voyage, in which case he must recover a total loss on the first policy. Rut that is not the true view of the subject; and the verdict as it aow stands must be supported. Lens and Marshall Serjts. in support of the rule, in this term, insisted as to the interest, that the possession and disposition of the ship being explained to be founded on a defective title, the plaintiff had no insurable interest: but even if he was a sufficient owner in July, he was not, as the declaration averred, owner when the ship sailed; and since he has alleged it, he must prove the fact as it is alleged. As to the licence, it does not stand on the same ground as any private writing, for it is an instrument of a public nature, and it, besides, expressly requires that the person who would render it available, shall assume the burthen of proving its existence and terms, (a) The plaintiff ought therefore to have shewn, that upon diligent search he could find in the council books no trace or memorandum of such a licence., -., ' The Court held, as to the time of the commencement of the (-) See Feite v. Waters, post 218., plain tilVV plaintiff's interest, that if the declaration had averred that he 1810..was interested at the time of the ship's sailing, or that the po-licy was made on a certain day, and that afterwards on a subse-K, IlNd qiient day the plaintiff acquired an interest, it would have suf-Wilkinson. ficed, and if that would have been good, the allegation of interest at the time of effecting the policy was an immaterial allegation, and needed not to be proved. It was immaterial to aver..


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Product Details
  • ISBN-13: 9781130374551
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 146
  • Spine Width: 8 mm
  • Width: 189 mm
  • ISBN-10: 1130374556
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 272 gr


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Reports of Cases Argued and Determined in the Court of Common Pleas and Other Courts from Michaelmas Term, 48 Geo. III. 1807 to Hilary Term, 59 Geo. III. 1819 Inclusive Volume 1
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