A Treatise On the Law of Shipping And the Law And Practice of Admiralty 1

Cover A Treatise On the Law of Shipping And the Law And Practice of Admiralty 1
A Treatise On the Law of Shipping And the Law And Practice of Admiralty 1
Theophilus Parsons
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See also Post v. Robertson, 1 Johns. 24 ; Baillie v. Moudigliani, Park on Ins. 70. Whether the case of Luke v. Lyde justified such a construction is, at least, doubtful ; but, however this may be, the law is now well settled that the acceptance must be voluntary. See Liddard v. Lopes, 10 East, 526 ; Cook v, Jennings, 7 T. R. 881 ; Mulloy v. Backer, 5 East, 816 ; Vlierboom v.
Chapman, 18 M. & W. 230 ; Mar. Ins. Co. v. United Ins. Co. 9 Johns. 186 ; Welch V. Hicks, 6 Cow. 504 ; Center v. Am. Ins.
... Co. 7 Cow. 564, 582 ; Armroyd o.
Union Ins. Co. 8 Binn. 487; Hurtin o. Union Ins. Co. 1 Wash. C. C. 530 ; Cal- lender v. Ins. Co. of N. A. 5 Binn. 525 ; Gray v. Wain, 2 S. & R. 229 ; Case v.
Bait Ins. Co. 7 Cranch, 858 ; Sampayo v. Salter, 1 Mason, 48 ; CoL Ins. Co. o.
CH. Vn.] FREIGHT PRO RATA. 241 at the intermediate port, the owner of them must either take and pay freight, or refuse to take at all. Now, if the possession of the goods is in fact forced upon him, if there seems to be no alternative, and he takes under what may be regarded as a strict compulsion, or if the goods or their proceeds are thrown upon him without his action, he thereby incurs no obligation to pay any freight.^ Howeyer reasonable this rule may be in theory, it must very often be of difficult application.


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