Cases Argued and Determined in the Supreme Court of Nova Scotia Volume 13

Cases Argued and Determined in the Supreme Court of Nova Scotia Volume 13

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 edition. Excerpt: ...if a prudent, man would decline further expense, yet, as the thing insured or a portion of itstill exists and is vested in him, the very principle of indemnity requires that he should make a cession of all his right to the recovery of it before demanding the full sum insured." This is very great authority against the view urged in behalf of the plaintiff Gallagher, and is much relied on by underwriters, but it will be seen that the question of notice of abandonment does not seem to have been a material question in this case, inasmuch as the Court decided there was only a partial loss. It has frequently been urged at the bar that this case is in conffict with Lord ABIl'(_ER'S opinion in Roux v. Salvador. I may stop to remark that so great an authority as Chief Justice SHAw, in commenting on the judgment of TINDAL, C. J., in Roux v. Salvador, before it was reversed, declared it well supported in principle as by authorities. Lord CAMPBELL had, I think, been counsel for defendant in that case, and I cannot refrain here from_ citing from a recently reported opinion a few words touching the history of Knight v. Faith. Mr. Justice BLACKBURN, in delivering judgment in the case of Rankin v. Potter, L. R, 6 H. L., 83, decided in the House of Lords, said that Lord ABINGER'S opinion in the ease of Roma v. Salvador was received with general approbation at the time, by every one except Lord CAMPBELL, who never could be brought to think it right. He says of Knight v. Faith; " The manner in which that judgment came to be delivered was very peculiar. There was a very brief case stated for the opinion of the Court of Queen's Bench. On the statements in it, the Court came to the conclusion, as stated in the judgment, that...
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Product details

  • Paperback | 228 pages
  • 189 x 246 x 12mm | 413g
  • United States
  • English
  • black & white illustrations
  • 1236841921
  • 9781236841926