Pacific Law Reporter volume 52

Cover Pacific Law Reporter volume 52
Pacific Law Reporter volume 52
Thomas Morris
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If there be anything to indicate that a prior loading was contemplated by the parties, it will release the case from that strict construction. ' ' In Eichardsou vs. Carstain (5 B. And Ad. , G50), the rule we are commenting upon is adverted to "as strict and to be relaxed when there is anything in the policy to satisfy the court that the policy was intended to cover goods previously on board. " The same pro- position, sxibstantiaUy. Is announq^d jn Eobinson V. French (4 East-, 140. ) ■, After su...mming up all the decisions on this point the resuU is thus stated in Phillips, on insTirancc, (Sec. 939) : " From all these cases it is not easy to detei-mine the construction of a policy, in which the risk is to commence on the loading of the goods at a port named. If it be considered a warranty that the goods shall be loaded at such port, the courts seem, in some of the above cases, to have departed from the usual constniction of express warranties. But if these words are to be considered as merely description, having at most the force of a representation, they will not aflfect the contract if the policy provides any other way of ascertain- ing the time when the risk commences.

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