A Treatise On the Law of Insurance volume 2

Cover A Treatise On the Law of Insurance volume 2
A Treatise On the Law of Insurance volume 2
Willard Phillips
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Thompson, 6 Serg. & R.
Ins. Co. , 7 Johns. R. 527; Gracie v. 115. Maryland Ins. Co. , 8 Craneh, 84 ; VOL. II. 40 470 EXCEPTED LOSSES. — THE MEMORANDUM. [CHAP. XVIII.
any specific separate portion, as a box, a hogshead, or bale of the memorandum articles, and a fortiori when there is a total destruction of the whole of any single memorandum article. What is this but a determination that the loss of the whole, or any portion of the thing insured, capable of distinct enumeration, and separated fro
...m the rest, is out of the warranty ? Suppose the insurance had been on coffee or corn, what difference is there between the loss of a single kernel and a bag ? between the loss of an aggregate mass made up of artificial and separate parcels, or of an aggregate made up of things in their own nature single and separate? The loss of the whole of a bag of coffee or corn does not seem to me to differ in principle from the loss of an equal quantity of coffee or corn in bulk. The true meaning of the memorandum has hith- erto been supposed to be, that it shall exempt the underwriters from all partial losses or particular averages of the thing insured.

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