Arnould on the Law of Marine Insurance and Average Volume 1

Arnould on the Law of Marine Insurance and Average Volume 1

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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. 1909 edition. Excerpt: ...been adopted by the Supreme Court of the United States, that it is a conclusive presumption arising on proof of ownership of the goods shipped that they would have realized a profit in the foreign market (t). Thus, where three-eighths of the goods were lost, the Court held it to be a loss of that proportion of the profits, without inquiring whether there would have been any profits had the goods arrived (-). Insurable 288. It has been said that the assured must have not only profits, when an expectancy of profit, but, coupled therewith, a present not the18 existing title to the subject-matter out of which the profits property of are expected to arise (v). "The doctrine," says Mr. Justice the assured. 1 w 'J (afterwards Chancellor) Kent, "that runs through all the In the United States. (c) Hodgson -. Glover (1805), 6 East, 316. In this case Lawrence, J., differing from what he had said in Barclay r. Cousins, where the adventure was exactly similar, agreed with the rest of the Court, and said: "The case is defective in not showing that if there had been no shipwreck there would have been some profit." (s) Eyre v. Glover (181'2), 16 East, 218. (() Patapsco Ins. Co. v. Coulter (1830), 3 Peters' Sup. Court R. 222; 1 Phillips, Ins. s. 318; 1 Parsons, Ins. 195. (m) Loomis v. Shaw (1800), 2 Johns. Cas. 36. (r) "I admit," says Parke, B., ' that profits may be insured, but that is on the ground that they form an additional part of the value of the goods in which the plaintiff has already an interest" see Stockdale v. Duulop (1840), 6 M. & W. 224, 232. cases, is, that the assured must have an interest in the suhject-Sect. 288. matter from which the profits are to proceed, in order to prevent the more

Product details

  • Paperback | 276 pages
  • 189 x 246 x 15mm | 499g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236534867
  • 9781236534866