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" Law, we are certainly warranted in pronouncing, that a fraudulent breach of duty by the master in respect to his owners ; or, in other words, a breach of duty, in respect to his owners, with a criminal intent, or ex maleficio, is barratry. "
A Treatise on the Law of Insurance - Side 233
av Wendell Phillips - 1823 - 550 sider
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A Treatise of the Law Relative to Merchant Ships and Seamen: In Four Parts ...

Charles Abbott (Baron Tenterden) - 1810 - 674 sider
...and mariners of (z) VaKn, on the French Ordinance, torn. 2. p. 80. Patliier, des assurances, num. 65. in respect to his owners, with a criminal intent or ex maleficio. And it makes no difference in the reason of the thing whether the prejudice suffered by the owner be...
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Reports of Cases Argued and Determined in the Court of King's ..., Volum 14

Great Britain. Court of King's Bench, Sir Edward Hyde East - 1810 - 522 sider
...are certainly warranted in pronouncing that a fraudulent breach of duty by the mafter in refpe£r, to his owners ; or, in other words, a breach of duty in refpect to his owners, with a criminal intent, or ex maleficio, is barratry. And with T 140 1 refpecl...
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A System of the Law of Marine Insurances: With Three Chapters, on ..., Volum 1

James Allan Park - 1817 - 848 sider
...decisions of courts of law, we are certainly warranted in pronouncing thai a fraudulent breach (if duly by the master, in respect to his owners ,• or, in...owner of the ship or goods, whose interest is to be protected by the policy, it can make no difference in the reason of the thing, whether the prejudice...
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The Law of Nisi Prius, Evidence in Civil Actions, and Arbitration ..., Volum 3

Archibald John Stephens - 1842 - 998 sider
...fact, in a particular case." " We are certainly warranted in pronouncing, that a fraudulent breach of duty by the master, in respect to his owners ; or...owner of the ship or goods, whose interest is to be protected by the policy, it can make no difference in the reason of the thing, whether the prejudice...
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A Treatise on the Principles of the Law of Marine Insurance: In ..., Volum 644

Francis Hildyard - 1845 - 894 sider
...decisions of Courts of Law, we are certainly warranted in pronouncing, that a fraudulent breach of duty by the master in respect to his owners ; or,...owner of the ship or goods, whose interest is to be protected by the policy, it can make no difference in the reason of the thing, whether the prejudice...
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A Treatise of the Law Relative to Merchant Ships and Seamen: In Five Parts

Charles Abbott (Baron Tenterden) - 1846 - 1088 sider
...in other words, a breach, of duly in respect to his owners with a criminal intent, or ex nialcfoin, is barratry. And with respect to the owner of the ship or goods, whose interest is to be protected by the policy, it can make no difference in the reason of the thing, whether the prejudice...
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A Treatise on the Law of Marine Insurance and Average: With ..., Volumer 1-2

Sir Joseph Arnould - 1848 - 780 sider
...case now referred to, after stating that " a fraudulent breach of duty by the master in respect of his owners, or, in other words, a breach of duty in respect of his owners with a criminal intention or ex maleficio is barratry," lays it down that it is equally...
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International Commercial Law: Being the Principles of Mercantile Law of the ...

Leone Levi - 1863 - 664 sider
...the ship (in cases where the latter arc considered owners pro tempore) are in fact damnified (</). A breach of duty in respect to his owners, with a criminal intent, or ex maleficis, is barratry. When the act is manifestly barratrous, no proof need be given of a criminal...
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Albany Law Journal, Volum 5

1872 - 438 sider
...meant to be a definition, " that a fraudulent breach of duty by the master in respect to the owners, or a breach of duty in respect to his owners with a criminal intent or ex malefltio, is barratry," and in a subsequent case said, "that the term was large enough to include...
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The Journal of Jurisprudence, Volum 17

1873 - 680 sider
...meant to be a definition, ' that a fraudulent breach of duty by the master in respect to the owners or a breach of duty in respect, to his owners with a criminal intent or tx muleficio, is barratry,' and in a subsequent case said, 'that the term was large enough to include...
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