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" When a ship is driven on shore, it is the duty of the master either to repair his ship, or to procure another ; and having performed the voyage, he is then entitled to his freight : but he is not entitled to the whole freight, unless he perform the whole... "
Cases in the Court of Common Pleas and Exchequer Chamber [1834-1840]. - Página 783
por Great Britain. Court of Common Pleas, John Scott - 1836
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Reports of Cases Determined in the Several Courts of Westminster ..., Volumen1

Great Britain. Courts, William Blackstone - 1828 - 1385 páginas
...ilineris, if the ship be wrecked at B., though the freighter accept his goods there. Per Lawrence, J.; " When a ship is driven on shore, it is the duty of the roaster either to repair his ship, or to procure another; and having performed the voyage, he i* then...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volumen1

Maryland. Court of Appeals, Richard Wordsworth Gill, John Johnson - 1830
...an action for freight, says, " but he is not entitled to the whole freight, unless he has performed the whole voyage, except in cases where the owner of the goods prevents Ainj." If then the owner of the goods prevented the ship owner from performing the voyage, the owner...
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Reports of Cases Argued and Determined in the Courts of Exchequer and ...

Great Britain. Court of Exchequer - 1835
...condition precedent, because in Cook v. Jennings, Latcrence J. says, " when a ship is driven on shore it b the duty of the master either to repair his ship or...performed the voyage he is then entitled to his freight ;" therefore if here he has performed his duty by finding another ship, and the cargo has arrived,...
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Volumen1

Great Britain. Court of Exchequer, Sir Charles John Crompton, Roger Meeson, Henry Roscoe - 1835
...turned upon the terms of the charterparty which were not performed.] In that case Lawrence, J., says, " When a ship is driven on shore, it is the duty of (a) P. 521. from MS. in Abbott on Shipp. (6) Mod. 879. 48 1, 5th edit. See also the Syd(c) I Salk....
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New Cases in the Court of Common Pleas, and Other Courts: With ..., Volumen2

Great Britain. Court of Common Pleas, Peregrine Bingham - 1836
...to this action the defendant has a right to say, non hac infadera vent." 565 And Lawrence J., — " He is not entitled to the whole freight unless he...he entitled pro rata unless under a new agreement." In Abbott on Shipping, chnp. 7., it is laid down, — "The contract for the conveyance of merchandise...
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Reports of Cases Argued and Determined in the Court of Queen's Bench: And ...

Great Britain. Court of King's Bench, Sir Erskine Perry, Sir Henry Davison - 1839
...established principle. In Cook v. Jenninss (a), has been lie- . ... . . ccssary. Lawrence J. said, " When a ship is driven on shore, it is the duty of...he is not entitled to the whole freight unless he performs his whole voyage." So, in Abbott on Shipping, 303 (5th oil. ), it is laid down generally that,...
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A Treatise of the Law Relative to Merchant Ships and Seamen: In Five Parts

Charles Abbott (Baron Tenterden) - 1846 - 1004 páginas
...whether the contract be by parol or under seal, the operation of the law on it is equally the same. When a ship is driven on shore, it is the duty of...in cases where the owner of the goods prevents him ; (1) nor is he entitled pro rata unless under a new agreement. Perhaps the subsequent receipt of these...
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A Treatise on the Law of Carriers of Goods and Passengers, by Land and by Water

Joseph Kinnicut Angell - 1849 - 791 páginas
...Story, i 2 Holt on Shipp. 150. In Cooke r. Jennings, 7 TR 381, Mr. J. Lawrence thus expresses himself: " When a ship is driven on shore, it is the duty of the master either to repair the ship, or to procure another ; and having performed the voyage, he is then entitled to his freight...
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A Treatise on the Law of Carriers of Goods and Passengers, by Land and by Water

Joseph Kinnicut Angell - 1851 - 791 páginas
...2 Holt on Shipp. 150. In Cooke o. Jennings, 7 TR 381, Mr. J. Lawrence thus expresses himself: — " When a ship is driven on shore, it is the duty of the master either to repair the ship, or to procure another ; and having performed the voyage, he is then entitled to his freight;...
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Reports of Cases Argued and Determined in the English Courts of ..., Volumen29

Great Britain. Bail Court - 1854
...ven!." *And Lawrence, J., — " He is not entitled to the whole freight unless „<*• he performs the whole voyage, except in cases where the owner...he entitled pro rata unless under a new agreement." In Abbott on Shipping, chap. 7, it is laid down, — " The contract for the conveyance of merchandise...
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