An Abridgment of the Law of Nisi Prius Volume 1 (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. 1838 Excerpt: ...either by capture or barratry a. Every insurance on alien property by a British subject must be understood with this implied exception, that it shall not extend to cover any loss happening during the existence of hostilities between the respective countries of the assured and the assurere. Therefore, an insurance effected in Great Britain, on a French ship, previous to the commencement of hostilities between Great Britain and France, does not cover a loss by British capture f. Primd facie, a capture amounts t6 a total loss; and if the captors continue to hold possession, or even though a recapture takes place, if the ship be under a disability to complete her voyage, and the adventure be not only retarded but destroyed, the underwriters will be liable for a total loss if notice of abandonment be given when necessary -. On the other hand, when a recapture takes place, and the ship is enabled to proceed to her place of destination, although a total loss has happened as far as regards the risk insured, yet if that loss be reduced by subsequent circumstances, the insurer will be liable for a partial loss only, even though notice of 'Marsh. 495. 'Furtado r. Rodgers, 3 B. & P. b Per Lord Mansfield, C. J., in 191. Gamba v. Le Mesurier, 4 Cioss u. Withers, 2 Burr. 694. East, 407. e Green t. Elmslie, Peake, 212. g Goss v. Withers, 2 Burr. 0U3. Arcangelo v. Thompson, 2 Milles v. Fletcher, Doug. 219. Campb. 620. Rotch v. Edie, 6 T. R. 413. Hughes "Brandon v. Curling, 4 East, on Ins. 224. M'lver v. Henderson, 110. 1.Smith, 85. 4M. &S. 576. abandonment be given; for the insured can only recover an indemnity according to the nature of his case at the time of the action brought -. "A capture is an event which may or may not terminate in a total...