 | Sir James Allan Park - Bottomry and respondentia - 1787 - 660 pages
...cafe, it would fall within the rule of Hamilton v. Mendes ; and the afTured would only be entitled to recover an indemnity, according to the nature of his cafe, at the time when the action was brought ; confequently he would not be allowed to abandon. Ch. 4. p.8i. From what... | |
 | Sir James Allan Park - Bottomry - 1799 - 664 pages
...the dark, when doctors have differed upon the fubje£r, from the beginning, and are not yet agreed. To obviate too large an inference being drawn from...the plaintiff, upon a policy, can only recover an in" demnity, according to the nature of his cafe at the time *' of the action brought, or (at moft)... | |
 | Samuel Marshall - Fire insurance - 1802 - 414 pages
...dark, when •doElors have differed upon the fubjed from the beginning, and have not yet agreed. — To obviate too large an inference being drawn from...here determined is, That the plaintiff' upon a policy con only recover an indemnity, T()e ;nfUT(^ can according to the nature, of his cafe, at the time of... | |
 | Samuel Marshall - Bottomry and respondentia - 1802 - 412 pages
...dark, when doElors have differed upon the fubject from the beginning, and have not yet agreed. — To obviate too large an inference being drawn from...underftood, that the point here determined is, That the plarntiff upon a poliey can only recover an indemnity, ^e Muni can aeeording to the nature of his eafe,... | |
 | Samuel Marshall - Bottomry and respondentia - 1805 - 792 pages
...dark, when dofiors have differed upon the fubject from the beginning, and have not yet agreed.—To obviate too large an inference being drawn from this...plaintiff upon a policy can only recover an indemnity, The infursJ , rr, • ie 1 r , and eafy rules, according to the nature of his cafe, at the time of... | |
 | George Caines, New York (State). Court for the Trial of Impeachments and the Correction of Errors - Law reports, digests, etc - 1805 - 172 pages
...abandoning and bringing the " action" He afterwards lays it down, as the point intended to be determined, that the plaintiff. upon a policy, can only recover an indemnity, according to the nature of his case, at the time of the action brought, or at most, at the time of the offer to abandon, and observes,... | |
 | Isaac 'Espinasse - Actions and defenses - 1808 - 480 pages
...retaken without any damage, will not give the insured a right to abandon ; but the plaintiff on such a policy can only recover an indemnity according to the nature of his case at the time of the action brought, oral most at the time of the offer to abandon. In this cose... | |
 | James Allan Park - Bottomry and respondentia - 1809 - 924 pages
...cafe it would fall within the rule of Hamilton v. Mendet ; and the aflured would only be entitled to recover an indemnity, according to the nature of his cafe at the time when the action was brought ; confcquently he would not be allowed to abandon. i But it has been fettled... | |
 | Great Britain. Court of King's Bench, James Burrow - Law reports, digests, etc - 1812 - 446 pages
...ship's having been taken, he had- inf rei veritate only sustained an averageloss, ii. 1198 to 1215. 1st. The plaintiff upon a policy, can only recover' an indemnity according to the nature of hie case at the time of the action brought, or (at most) at the time of his oflèr to abandon, ii.... | |
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I desire it may be understood that the point here determined is, that the plaintiff upon a policy can only recover an indemnity according to the nature of his case at the time of the action brought, or (at most) at the time of his offer to abandon. 
