A Treatise On the Law Relating to the Insurance of Freight
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E.
3 P. 0. 72 ; 6 Moore, P. C. (n. s.) 302 ; 22 L. T. 317 ; 39 L.J. C.P.I; 18W. E. 296, was an action on a policy of insurance on disbursements of the ship Northland, upon a voyage from Moulmein to Madras.
Pacts. — The vessel shortly after leaving Moulmein was wrecked and became a constructive total loss, and was sold together with the cargo, which consisted of timber. The plaintiffs, who were the charterers, had made advances to the captain to be paid out of freight, and on hearing of the wrec...k of the vessel they gave notice of abandonment.
Held that the plaintiffs could recover.
Judgment. — " The possibility of freight being earned by the North- land was of course at an end when she was reduced to a wreck, and the case became one of total loss. It was argued on behalf of the respondents, that the captain might have hired another vessel, and forwarded the timber to its destination, and so have earned freight out of which the disbursements might have been paid. But even supposing that the advances made upon the original freight would attach upon the freight thus acquired, the captain is not under an absolute obUgation to tranship a cargo when a ship is disabled from pursuing the voyage insured, but may exercise his discretion upon the subject.
What to read after A Treatise On the Law Relating to the Insurance of Freight?
You can find similar books in the "Read Also" column, or choose other free books by George Maitland Lazarus to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
E.
3 P. 0. 72 ; 6 Moore, P. C. (n. s.) 302 ; 22 L. T. 317 ; 39 L.J. C.P.I; 18W. E. 296, was an action on a policy of insurance on disbursements of the ship Northland, upon a voyage from Moulmein to Madras.
Pacts. — The vessel shortly after leaving Moulmein was wrecked and became a constructive total loss, and was sold together with the cargo, which consisted of timber. The plaintiffs, who were the charterers, had made advances to the captain to be paid out of freight, and on hearing of the wrec...k of the vessel they gave notice of abandonment.
Held that the plaintiffs could recover.
Judgment. — " The possibility of freight being earned by the North- land was of course at an end when she was reduced to a wreck, and the case became one of total loss. It was argued on behalf of the respondents, that the captain might have hired another vessel, and forwarded the timber to its destination, and so have earned freight out of which the disbursements might have been paid. But even supposing that the advances made upon the original freight would attach upon the freight thus acquired, the captain is not under an absolute obUgation to tranship a cargo when a ship is disabled from pursuing the voyage insured, but may exercise his discretion upon the subject.
What to read after A Treatise On the Law Relating to the Insurance of Freight?
You can find similar books in the "Read Also" column, or choose other free books by George Maitland Lazarus to read onlineMoreLess
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