Arnould on the Law of Marine Insurance Volume 2
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1866 edition. Excerpt: ...however, the rule as above laid down in the United States only means that the grounds stated in the notice of abandonment must at some time really have existed, and that unless they have done so, the notice is invalid; the law here would, it is conceivtxl, be exactly the same as it is there.--This requires consideration.--Ed. i Per Lord Abinger in Roux r. Salvador, 3 Bing. N. C. 286. For these two purposes alone can any delay be allowed him. He may not delay in order to observe the state of the markets; neither can he lie by and treat the loss as an average loss until the recovery of the property becomes hopeless, and then give notice of abandonment.i First.--Thus, in the case of an insurance on perishable P."'"e May after certain goods, "free of average, the ship was compelled to put back inteiiigeuce. in distress, and, after two surveys, was condemned as irreparable; Lord Ellenborough held, that a notice of abandonment not given to the underwriters till five days after the assured knew of the condemnation of the ship, was too late.3 So under a policy on ship, a delay of sixteen or seventeen days elapsed after the result of a final survey was known, before notice was given, and the notice was held too late.' Again, where the owner of an East India ship, sold as irreparable at Calcutta, gave notice of abandonment three days after he had received the first accurate information of the loss, that was held sufficient, although it appeared that the captain of the ship had arrived in London, where the owner resided, ten days previously, and probably might, but was not proved to, have communicated to the owner, on his arrival, the facts of the loss/ Lord Ellenborough held, in two successive cases, that where the ground of abandonment was...
- Paperback | 234 pages
- 189 x 246 x 12mm | 426g
- 04 Jul 2012
- Miami Fl, United States
- Illustrations, black and white