Reports of Cases Adjudged in the Court of King's Bench: From Hilary Term, the 14th of George III. 1774, to Trinity Term, the 18th of George III. 1778. Both Inclusive, Том 1A. Strahan, 1800 - 891 страници |
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Страница 313 - The objection that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed : but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of public policy is this: Ex dolo malo non oritur actio.
Страница 731 - If, in a life policy, a man warrants another to be in good health when he knows at the same time he is ill of a fever, that will not avoid the policy; because by the warranty he takes the risk upon himself. But if there is no warranty, and he says, "The man is in good health," when in fact he knows him to be ill, it is false.
Страница 63 - It is certainly a maxim" said Lord Mansfield "that all evidence is to be weighed according to the proof which it was in the power of one side to have produced, and in the power of the other to have contradicted.
Страница 625 - Another rule is, that if that risk of the contract of indemnity has once commenced, there shall be no apportionment or return of premium afterwards. For though the premium is estimated, and the risk depends upon the nature and length of the voyage, yet, if it has commenced, though it be only for twenty-four hours or less, the risk is run ; the contract is for the whole entire risk, and no part of the consideration shall be returned...
Страница 527 - Is it conscientious then that the defendant should keep money which he has got by their misrepresentation, and should say, though there is no alteration in my account with my principal, this is a hit, I have got the money and I will keep it? If there had been any new credit given, it would have been proper to have left it to the jury to say, whether any prejudice had happened to the defendant by means of this payment: but here no prejudice at all is proved, and none is to be inferred.
Страница 731 - he believes the man to be in good health," knowing nothing about it, nor having any reason to believe the contrary; there, though the person is not in good health, it will not avoid the policy, because the underwriter then takes the risk upon himself.
Страница 559 - The rules laid down in respect of the construction of deeds are founded in law, reason, and common sense ; that they shall operate according to the intention of the parties,, if by law they may; and if they cannot operate in one form, they shall operate in that which by law will effectuate the intention.
Страница 313 - The accomplice is not assured of his pardon, but gives his evidence in vinculis, in custody, and it depends on the title he has from his behaviour whether he shall be pardoned or executed.
Страница 625 - That where the risk has not been run, whether its not having been run was owing to the fault, pleasure, or will of the insured or to any other cause, the premium shall be returned, because a policy of insurance is a contract of indemnity.
Страница 219 - I should be sorry to say that, in cases of personal torts, no new trial should ever be granted for damages which manifestly show the jury to have been actuated by passion, partiality, or prejudice. But it is not to be done without very strong grounds indeed, and such as carry internal evidence of intemperance in the minds of the jury.