 | Sir James Allan Park - 1787 - 660 страници
...ac"lion is brought. It is repugnant, upon a contract pf indemnity, to recover as for a total lofs, when the final event has decided, that the damnification, in truth, is an average, or perhaps no lofs at all. Whatever undoes the damnification, in whole or in part, muft operate upon... | |
 | Sir James Allan Park - 1799 - 664 страници
...mull be founded upon the nature of his damnification, as as it raally is, at the time the action is brought. It is repugnant, upon a contract of indemnity, to recover as for a total lofs, when the final event has decided, that the damnification, in truth, is. an average, or perhaps... | |
 | James Allan Park - 1800 - 690 страници
...then mail be founded upon the nature of his damnification, as it really is, at the time the action is brought. It is repugnant, upon a contract of indemnity, to recover as for a total lofs, when the final event has decided, that the damnification, in truth, is an average, or perhaps... | |
 | Great Britain. Court of King's Bench, James Burrow - 1812 - 446 страници
...loss ceases " to be total." ii. 1209. Nor ought the insured recover (upon a contract of indemnity) as for a total loss, when the final event has decided that the damnification is in truth but an average-loss at the mobt. ii. 1*209 to 1218. Othly. The case of Goss v. Withers... | |
 | Great Britain. Court of King's Bench, James Burrow - 1812 - 450 страници
...ceases " to be total." ii. 1209. Nor ought the insured recover (upon • a contract of indemnity) as ibr a total loss, when the final event has decided that the damnification is in truth but an average-loss at the nio.it. ii. 1209 to 1213. 6thly. The case of Goss v. Withers... | |
 | James Allan Park - 1817 - 848 страници
...then must be founded upon the nature of his damnification, u it really is, at the time the action is brought. It is repugnant, upon a contract of indemnity,...decided, that the damnification, in truth, is an average, or perhaps no loss at all. Whatever undoes the damnification, in whole or in part, must operate upon... | |
 | William Selwyn - 1817 - 782 страници
...must be founded upon the nature of the injury sustained at the time of action brought; that, as it was repugnant, upon a contract of indemnity, to recover as for a total loss, when the final event had decided that the real injury was an average loss only, the plaintiff, in the present case, was... | |
 | Thomas Arnold - 1822 - 1008 страници
...then must be founded upon the nature of his damnification, as it really is, at the time the action is brought. It is repugnant, upon a contract of indemnity,...decided that the damnification, in truth, is an average, or perhaps no loss at all. Whatever undoes the damnification, in whole or in part, must operate upon... | |
 | Wendell Phillips - 1823 - 572 страници
...' must be founded upon the nature of his damnification, as it really is, at the time the action is brought. It is repugnant, upon a contract of indemnity,...decided that the damnification in truth is an average, or perhaps no loss at all.' And although there had been no abandonment, while a total loss continued... | |
 | United States. Circuit Court (3rd Circuit), Bushrod Washington - 1826 - 620 страници
...accident, had only sustained a partial loss, ought to recover as for a total one '" It is repugnant to recover as for a total loss, when the final event has proved it only an average loss. " The assured cannot elect before advice of the loss ; and if that... | |
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The plaintiffs demand is for an indemnity. His action, then, must be founded upon the nature of his damnification, as it really is, at the time the action is brought. It is repugnant, upon a contract of indemnity, to recover as for a total loss, when... 
