General Average

General Average

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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. 1879 edition. Excerpt: ...it must be regarded as still at risk and "liable to contribute. "If the voyage is not, abandoned, and the property, although separa"ted from the rest and removed from the ship, is still under the control "of the master, and liable to le taken again on board for the purpose "of being carried to its destined port, the relations of the several "owners are in no respect changed, the common interest remains, and "whatever is done for the protection of the common interest must be "done at the common expense. So long as the voyage is "kept on foot, and is not abandoned, whatever threatens to break it "up, the whole cargo is to be considered at risk, whether in a situation ' to be physically injured by the peril or not.," "Although every owner of any portion of a cargo may, if he can "separate his property from the. rest and from the whole adventure at "any time, and tints avoid contributing to a subsequent loss; yet such "separation must be complete, and such as to have no community of "interest remaining." Nelson v. Belmont, 21 N. Y. Rep., 36 and 5 Ducr, m (185-). 1 See Fowler v. Ratlibones, 6 Blatch. 194. a See Hngg v. Bait. & Cuba S. &. M. Co., 35 Maryland, 414 (1873), and the "Julia Blake," U. S. D. Ct., N. Y, (1879). Fireman's Ins. Co. v. Fitzbugh, 4 B. Mou. (Ky.), R. 100 (184;J). "It "she had sunk in deep water the unloading of the cargo might have "leen essentially necessary for raising her, and in that case, or at any "rate, if uuloadin j' the cargo had sufficed to raise the boat, and she was" munity of interest can be maintained as will make the interests, although separated, mutual, unless the master has the...show more

Product details

  • Paperback | 282 pages
  • 189 x 246 x 15mm | 508g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236546490
  • 9781236546494