A Selection of Precedents of Pleading Under the Judicature Acts in the Common Law Divisions; With Notes Explanatory of the Different Causes of Action and Grounds of Defence and an Introductory Treatise on the Present Rules and Principles of Pleading as Il (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. 1878 Excerpt: ...such stranding. 4. The defendants deny that any loss or misfortune occurred within the true intent or meaning of the said policy, or that the plaintiff thereupon, by his factors, servants, or assignsin that behalf, did sue labour or travel in or about the defence, safeguard, or recovery of the Bubject-matter of insurance, or necessarily incurred divers or any charges or expenses in so doing, or that they became or are liable for any averages or expenses to the plaintiff in respect of any moneys insured by them, and they deny the several allegations in paragraph 7 of the statement of claim. 5. If the plaintiff should be found entitled to recover anything in respect of the matters alleged by him in the statement of claim, the defendants further say that they do not admit the amount of the plaintiff's several claims. Clam by Principal and Agent in the Alternative for Amount of Premiums of Insurance, or for Amount of Notes given for the same, and on an Account stated (a). 1. The plaintiffs Messrs. R. & Co. were and are merchants Alternative carrying on business in London and Liverpool, and were and cla.im.bv "" r' principal are the agents in this country of the plaintiffs the M. Insurance and agent Co., of New York, who carry on the business of marine in-forpre.," nuums of snrers in New York and other places in the United States of insurance. America. &c 2. The defendant is a merchant or contractor, who formerly carried on business in America, and now carries on business in the City of London. 3. In the years 1870 and 1871, the defendant and the said company entered into certain contracts of insurance contained in certain policies and extensions indorsed upon the same, under which, in consideration of certain premiums which the defendant ...