Arnould on the Law of Marine Insurance Volume 1 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 edition. Excerpt: ...only applicable to a voyage policy, therefore applied in the case of a policy, though in terms a time policy, to a ship insured by it, and judgment was given in the Exchequer Chamber accordingly. "It has been suggested," said Lord Penzance, in moving the House of Lords to reverse the judgment, "that by reason of the policy having been drawn up on a printed form, the printed terms of which are applicable to a voyage, and also to goods as well as to the ship, the policy is something less or something more than a time policy. But the practice of mercantile men of writing into their printed forms the terms by which they desire to desoribe and limit the risk intended to be insured against, without striking out the words which may be applicable to a larger or different contract, is too well known, and has been too constantly recognized in courts of law, to permit of any such conclusion."2 Hence it is, that in the familiar instance of words written in the margin, or at the foot of policies, such written words are considered as applying indefinitely to the whole of the policy, and as controlling the sense of those parts of the printed policy to which they apply. So that by the word ship, or freight, or goods, written in the margin, the general terms of the policy, applicable to other subjects besides the particular one mentioned in the margin, are considered as narrowed in point of construction to it.3 1 PerLordEllenboroughinRobert-see Kent's Com. 260. son v. French, 4 East, 130, 136; per 2 Dudgeon r. Pembroke, 2 App. curiam, Gumm v. Tyrie, 43 L. J. (Q. Cus. 284, 293; 1 Q. B. D. 96; L. B.) 97; per Blackburn, J., in Joyce R., 9 Q. B. 581. r. Realm Ins. Co., L. R., 7 Q. B. 3 4 East, 140; and see Robinson v. 583; per Lord...