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Home > History and Archaeology > History > Reports of Cases Argued and Determined in the Court of Queen's Bench Volume 6; And the Court of Exchequer Chamber, on Error from the Queen's Bench
Reports of Cases Argued and Determined in the Court of Queen's Bench Volume 6; And the Court of Exchequer Chamber, on Error from the Queen's Bench

Reports of Cases Argued and Determined in the Court of Queen's Bench Volume 6; And the Court of Exchequer Chamber, on Error from the Queen's Bench


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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. 1862 Excerpt: ...never cast anchor at all; it was found necessary for her to return. Lord Campbell, in Thompson v. Gillespy, said, " There is no pretence for the suggestion that she had commenced the voyage, and was driven back or stopped by the occurrence of something unforeseen: " but here that was clearly the case. coleridge, J.--When do you say the ship sailed? When she weighed anchor. coleridge, J.--Without her papers? The general policy of the law requires the papers to be provided: but the want of them does not prevent the voyage from having commenced. Manuty, contra.--First: This was not a case of money had rr/.q and received, or of accounts stated. (He referred to Cuxon v. 'Chadley, 3 B. & C. 591 (E. C. L. R. vol. 10), and the authorities mentioned on the other side.) On the second point: the event on which alone the money was payable, the sailing of the ship, had not occurred. erle, J.--Suppose the ship had gone down as she went over the bar. She would not have sailed, unless there had been an intention of finally departing. Here was no such intention. It cannot be important that she did not cast anchor; the material fact is that she was detained till something should be done necessary to the commencement of the voyage. The absence of the papers is as much a detention as the anchoring. erle, J.--Suppose the captain had sent the ship on to Plymouth, proposing to join her there with the papers. She would not then have sailed on the voyage: the completeness of the papers is one of the most common tests of the final sailing. coleridge, J.--If the captain had never been on board at all, it could not have been called a sailing; and I do not see that it can make any difference that he went on board intending to return to land for the papers. Cur. adv. vult. ...


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Product Details
  • ISBN-13: 9781236287021
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 334
  • Spine Width: 18 mm
  • Width: 189 mm
  • ISBN-10: 1236287029
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 599 gr


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Reports of Cases Argued and Determined in the Court of Queen's Bench Volume 6; And the Court of Exchequer Chamber, on Error from the Queen's Bench
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