A Treatise On the Law of Marine Insurance And General Average
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v. Unit. Ins. Co., 9 Johns, the rule here adopted. Nor do we 186, it was held to apply only to a know certainly of any other way as voluntary, unequivocal, unconditional prevailing in England, acceptance, and only in such a case ^ 2 Amould on Ins. 991.
was there a right to freight pro rata. ^ Crowley u. Cohen, 3 B. & Ad. 478.
This doctrine is the prevailing one ^ In Herbert v. Champion, 1 Campb.
now, and was asserted in Armroyd 134, it was held that an underwriter 414 THE LAW OF MARINE INSURANC...E. , [CH. VH.
mistake^ (of fact, not of law^), may be set aside altogether, or opened for correction.
It may, however, be well to remark, that the common principle of denying to new evidence any power to disturb a settled ques- tion, if it be cumulative evidence, that is, more of evidence of the same sort and to the same effect as evidence already received and considered, would undoubtedly b^ applied to any attempt to dis- turb an adjustment.
Such is the importance of an adjustment, as determining the rights of many parties, that courts are wisely reluctant to admit local usages in reference to any of the material estimates, as of force against the generally accepted principles or rules of the law- merchant.* If, hQwever, instead Of a regular adjustment in the customary way, the parties choose to settle their mutual claims or defences themselves, and enter into a compromise for that purpose, this bar- gain, if not tainted by fraud or voidable through mistake, binds the parties, And where one of two part owners, authorized to in- sure, and making insurance, for both, made a compromise with the insurers, receiving from them his own share under the compro- who, upon a full disclosure of the facts, Park on Ins.
What to read after A Treatise On the Law of Marine Insurance And General Average?
You can find similar books in the "Read Also" column, or choose other free books by Theophilus Parsons to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
v. Unit. Ins. Co., 9 Johns, the rule here adopted. Nor do we 186, it was held to apply only to a know certainly of any other way as voluntary, unequivocal, unconditional prevailing in England, acceptance, and only in such a case ^ 2 Amould on Ins. 991.
was there a right to freight pro rata. ^ Crowley u. Cohen, 3 B. & Ad. 478.
This doctrine is the prevailing one ^ In Herbert v. Champion, 1 Campb.
now, and was asserted in Armroyd 134, it was held that an underwriter 414 THE LAW OF MARINE INSURANC...E. , [CH. VH.
mistake^ (of fact, not of law^), may be set aside altogether, or opened for correction.
It may, however, be well to remark, that the common principle of denying to new evidence any power to disturb a settled ques- tion, if it be cumulative evidence, that is, more of evidence of the same sort and to the same effect as evidence already received and considered, would undoubtedly b^ applied to any attempt to dis- turb an adjustment.
Such is the importance of an adjustment, as determining the rights of many parties, that courts are wisely reluctant to admit local usages in reference to any of the material estimates, as of force against the generally accepted principles or rules of the law- merchant.* If, hQwever, instead Of a regular adjustment in the customary way, the parties choose to settle their mutual claims or defences themselves, and enter into a compromise for that purpose, this bar- gain, if not tainted by fraud or voidable through mistake, binds the parties, And where one of two part owners, authorized to in- sure, and making insurance, for both, made a compromise with the insurers, receiving from them his own share under the compro- who, upon a full disclosure of the facts, Park on Ins.
What to read after A Treatise On the Law of Marine Insurance And General Average?
You can find similar books in the "Read Also" column, or choose other free books by Theophilus Parsons to read onlineMoreLess
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