| Great Britain. Courts - 1855 - 586 páginas
...with a complete answer to the argument drawn from Worsley ?. Wood; he observes that " the plaintiff is not entitled to the whole freight unless he perform...owner of the goods prevents him, nor is he entitled to freight pro rota, unless (a) Cit. in Janet ч. Barkley, Doug. 689. Best, in reply. The defendant's... | |
| Conway Robinson - 1855 - 884 páginas
...to freight, depends on such performance. 1 Sid. 179; 3 Esp. 137 ; Dunnett v. Tomhagen, 3 Johns. 154. When a ship is driven on shore, it is the duty of...his ship or to procure another, and having performed his voyage. he is then entitled to his freight : but he is not entitled to the whole freight unless... | |
| William Selwyn - 1861 - 840 páginas
...part of the said deals was delivered at Liverpool, was held good (/); Lawrence, 3., observing, that " when a ship is driven on shore, it is the duty of...of the goods prevents him; nor is he entitled pro raid, unless under a new agreement. Perhaps the subsequent receipt of these goods by the defendant... | |
| 748 páginas
...Tlicrboom v. Chapman, 13 M. & W. 230 ; Cook Y. Jennings, 7 TR 381. These cases establish that where a ship is driven on shore it is the duty of the master...his ship or to procure another, and having performed th? voyage, he is then entitled to his freight, but he is not entitled to the whole freight, unless... | |
| Charles Abbott (Baron Tenterden) - 1867 - 1178 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...performed the voyage, he is then entitled to his freight ; bat he is not entitled to the whole freight, unless he perform the whole voyage, except in cases... | |
| John Scott, Great Britain. Court of Common Pleas - 1869 - 608 páginas
...(Lawrence), in a case of Cook P. Jennings, 7 TR 381, adopts the general doctrine without limitation: ' When a ship is driven on shore, it is the duty of...either to repair his ship or to procure another." So, in Beawes's Lex Mercat. 135, 'He may either mend his own ship or freight another.' In the Marine... | |
| Great Britain. Courts - 1873 - 550 páginas
...(Lawrence), in a case of Cook v. Jennings, 7 TR 381, adopts the general doctrine without limitation: ' When a ship is driven on shore, it is the duty of...either to repair his ship or to procure another.' So, in Beawes's Lex Mercat. 135, ' He may either mend his own ship or freight another.' In the Marine... | |
| 1878 - 652 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 the...he is not entitled to the whole freight unless he performs the whole voyage, except in cases where the owners of the goods prevent him, nor is he entitled... | |
| Charles Abbott (Baron Tenterden) - 1881 - 1106 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 the master cither to repair his ship, or to procure another ; and having performed the voyage, he is then entitled... | |
| William Albert Keener - 1888 - 1234 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 the...perform the whole voyage, except in cases where the owners of the goods prevent him ; nor is he entitled pro rata unless under a new agreement. Perhaps... | |
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