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Reports of Decisions in the Supreme Court of the United States; With Notes, and a Digest Volume 13 (Paperback) Loot Price: R445
Discovery Miles 4 450
Reports of Decisions in the Supreme Court of the United States; With Notes, and a Digest Volume 13 (Paperback): United States...
Reports of Decisions in the Supreme Court of the United States; With Notes, and a Digest Volume 13 (Paperback): United States...

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Reports of Decisions in the Supreme Court of the United States; With Notes, and a Digest Volume 13 (Paperback)

United States Supreme Court

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Loot Price R445 Discovery Miles 4 450

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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. 1870 edition. Excerpt: ...d'Assurance, n. 49. Estrangin, a very excellent modern commentator upon Pothier, (Es-trangin's note, ) asserts that there is not the slightest doubt on the subject. Emerigon, whose reputation as a writer on the law of insurance is second to no one, unequivocally adopts the same opinion. Emerig. Assur. c. 12, 14, pp. 414-417. In short, all those learned foreigners hold the doctrine that whenever the thing insured becomes by law directly chargeable with any expense, contribution, or loss, in consequence of a particular peril, the law treats that peril, for all practical purposes, as the proximate cause of such expense, contribution, or loss. And this they hold, not upon any peculiar provisions of the French ordinance, but upon the general principles of law applicable to the contract of insurance. In our opinion this is the just sense and true interpretation of the contract. It has been suggested that there is a difference between our policies and the French policies; the latter containing an express enumeration of fortuitous collision, or running foul, (abordage fortuity as a peril insured against; while in our policies it falls only under the more general head of "perils of the sea." But this furnishes no just ground for any distinction in principle. The reasoning, if any, to be derived from this circumstance, would seem rather to apply with more force in favor of the plaintiff, since, even when the risk of collision is specifically enumerated, the expenses and contribution attendant upon it are treated as inseparable from the direct damage to the vessel itself, as a part of the loss. In short, whether a particular risk is specified in terms, or is comprehended in the general words of the policy, the same result must arise, namely, that the...

General

Imprint: Rarebooksclub.com
Country of origin: United States
Release date: July 2012
First published: July 2012
Authors: United States Supreme Court
Dimensions: 246 x 189 x 18mm (L x W x T)
Format: Paperback - Trade
Pages: 344
ISBN-13: 978-1-150-28421-2
Barcode: 9781150284212
Categories: Books
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LSN: 1-150-28421-8

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