The special facts, upon which the contingent chance is to be computed, lie most commonly in the knowledge of the insured only: the underwriter trusts to his representation, and proceeds upon confidence that he does not keep back any circumstance... Commentaries on American Law - Página 354por James Kent - 1854Vista completa - Acerca de este libro
| Great Britain. Court of King's Bench, James Burrow - 1812 - 648 páginas
...particulars objected were not mentioned, is n ell founded. First. Insurance is a contract upon speculation. The special facts, upon which the contingent chance is to be computed, lie most commonly in the knowledge of the insured only : the under-writer trusts to his representation,... | |
| Esek Cowen, New York (State). Supreme Court - 1837 - 826 páginas
...difference. " Insurance," says lord J\lansfield, " is a contract upon speculation." (3 Bun: 1909.) "The special facts upon which the contingent chance is to be computed, lie most commonly in the knowledge of the insured only ; the underwriter trusts to his representation,"... | |
| Jasper Adams - 1837 - 554 páginas
...known to act, and professes to act, upon the information of the insured. In this kind of contract, the special facts, upon which the contingent chance is to be computed, lie almost always in the knowledge of the insured only. The insurer trusts to his representation, and... | |
| John William Smith - 1841 - 744 páginas
...particulars objected were not mentioned, is well founded. First. Insurance is a contract upon speculation. The special facts, upon which the contingent chance is to * be computed, lie most commonly in the knowledge of the insured only : the underwriter trusts to his representation,... | |
| Archibald John Stephens - 1842 - 998 páginas
...Carter v. J5oeAm'(8), in which his lordship observed, "First, insurance is a contract upon speculation. The special facts upon which the contingent chance is to be computed, lie most commonly in the xne keeping knowledge of the insured only. The underwriter trusts to his represent-... | |
| 1849 - 708 páginas
...be observed in disclosing the peculiar circumstances of the case, it may be generally remarked that the special facts upon which the contingent chance is to be computed, lay in the knowledge of the insured alone ; and the insurer trusts to his representations, and acts... | |
| Joseph Kinnicut Angell - 1855 - 692 páginas
...made by themselves, and not on representations coming from the assured.2 The real question is, whether the special facts upon which the contingent chance is to be computed are within the knowledge of the underwriter,3 so that, after all, there is no difference in principle... | |
| James Kent - 1858 - 728 páginas
...whereas, a warranty must always be in writing, and inserted in the poliey." 1 Arnould on Ins. 490. great strength and clearness, the general principles which...knowledge of the insured only, and the underwriter trusts tb his representation, and proceeds upon the confidence that he does not withhold any facts material... | |
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