The Principles of the Law Relating to Marine Insurance And General Average in England And America, Alphabetically Arranged : With Occasional References to French And German Law

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C. 459; The Gratitudine, 3 C. Rob. Adm. 240; The On- ward, L. E., 4 A. & E. 38 ; 1 Asp. M. L. C. 540.
[Note. — Semble, the cargo should be hypothecated only where the owner of cargo will be benefited by the repair of the ship. The Onward {sup.)"] 46 MARINE INSURANCE.
145. Before hypothecating the ship or cargo the master should in all cases, if practicable, com- municate with the owners.
The Lizzie, L. Rep., 2 Adm. & Eco. 254; The Hamburg, 2 Moo. P. C, N, S. 289; The Panama, L. Rep., 2 A. & E.
...390; The Karnak, L. R., 2 A. & E. 289; The Onward, 1 Asp. Mar. L. C. 540; L. R., 4 A. & E. 38.
As to what is a valid hypothecation, see Maclachlan on Shipping, pp. 43, 136, 153 ; and Williams and Bruce, Ad.
Prac. p. 31; Phillips, ss. 1561 et seq; Parsons on Mar. Ins., c. v., s. vii.
146. So far as the bottomry is not authorized by the necessity of the case, it will be inoperative as against the underwriter as well as the owner.
Stainhank v. Penning, 11 C. B. 59; Stainbanh v. Shep- hard, 13 C. B.


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