The Weekly Reporter Volume 10 (Paperback)

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 edition. Excerpt: ...average" has two meanings universally understood by the parties to this instrument; the "particular average" in reference to which aro excluded certain expenses, and "particular average" with reference to the money to be paid which includes these expenses; and if it was necessary I should construe the policy with reference to the universal usage adopted, I may say, in the treatise which I have before me, Arnould on Marine Assurance, p. 953, which in the statement of the particular average clearly says these expenses are to be excluded. But it is besido tho point. According to m y mind these expenses havo no relation to the labour clause, because that must be construed with reference to the peril insured against, and there has no such peril taken place. I also think there is no difference, in my judgment, whether the freight had been prepaid or whether the freight was to be earned: my judgment is entirely independent of that; and for the reasons I have stated, as it appears to me, and for the reasons contained in the judgment of the Court below, npon the distinction between the present case and the case in America of Mum/ord v. the Commercial Insurance Company. I rely on all that is there stated, which is perfectly satisfactory to my mind. And for these reasons I think the judgment should be affirmed. Common Law. Brown And Others, Executors, &c, V. The Lord Mayor, &c, Op Loxdon. Cohmos Lj The rest of the Court concurred. Judgmen t affirmed. Attorneys for appellants, White, Borrell, White. Attorneys for res pondent, CottereU if Son. EX.C. Feb. 7, 11. Brown And Others, Executors, &c, V. The Lord Mayor And Corporation Of London. Conservancy of the Thames--Application oj tolls collected on it--Demurrer to plea. To...