 | Patrick Brady Leigh - 1838 - 774 pages
...and goods, avera*eare liable, inter se, to contribute in proportion to their respective interests. "All loss which arises in consequence of extraordinary...cargo, come within general average, and must be borne proportionably by all who are interested."' To constitute a general average, the whole adventure must... | |
 | Archibald John Stephens - 1842 - 998 pages
...— PARTICULAR arises in consequence of extraordinary sacrifices made or expenses incurred AvER<ob for the preservation of the ship and cargo come within general average, and must be borne proportionably by all who are interested. Natural justice requires this." In Nesbitt v. Lushington... | |
 | Francis Vesey, Great Britain. Court of Chancery - 1845 - 420 pages
...action, or a bill in equity, against each person liable to contribute. All loss, of whatever nature, which arises in consequence of extraordinary sacrifices...cargo, come within general average; and must be borne proportionably by all who are interested. To obtain the necessary proofs, in order to ascertain the... | |
 | Great Britain. Court of King's Bench, Edward Hyde East - 1845 - 658 pages
...proportions. LAWRENCE, J. All loss which arises in consequence of extraordinary sacrifices made or expences incurred for the preservation of the ship and cargo come within general average, and must be born proportionably by all who are interested. Natural justice requires this. Then the only argument... | |
 | Francis Hildyard - 1845 - 894 pages
...by a general contribution, 501 13. All loss which arises in consequence of extraordinary sacrifices, or expenses incurred for the preservation of the ship and cargo, come within the description of general average, 501 14. The expense of repairing a ship injured by resisting a... | |
 | Great Britain. Court of King's Bench, Thomas Flower Ellis, Colin Blackburn Baron Blackburn, Great Britain. Court of Exchequer Chamber - 1857 - 1184 pages
...Presgrave (a) : " All loss which arises in consequence of extraordinary sacrifices made or expences incurred for the preservation of the ship and cargo come within general average." In Abbott On Shipping, by Shee, 8th ed., p. 490., part 4., ch. 10., s. 4., speaking of damage arising... | |
 | Manley Hopkins - 1859 - 520 pages
...General Average by Mr. Justice Lawrence in Birkley v. Presgrave (1 East, 228) — a loss arising out of extraordinary sacrifices made, or expenses incurred, for the preservation of the ship and cargo — meaning for the joint benefit of the ship and cargo, and which must therefore be borne proportionally... | |
 | Owen Davies Tudor - 1860 - 934 pages
...rests. We begin with the definition of general average by Lawrence, J., in Birkley v. Presgrave (1 East, 228) : — " All loss which arises in consequence of extraordinary sacrifices made or extraordinary expenses incurred for the preservation of the ship and cargo" (meaning for the joint,... | |
 | Robert Phillimore - 1861 - 844 pages
...in the case that the insured and insurer contemplated in their (o) According to the English Law, " All loss which arises in conse"quence of extraordinary...cargo, come within general average, and " must be borne proportionally by all who arc interested." Birkley v. Prengrore, 1 Ends Rep. 220. (p) Dig. Ixiv. t.... | |
 | David Maclachlan - 1860 - 1046 pages
...common benefit of ship and cargo, and have aided at least in the accomplishment of that purpose. " rticular treaties too have inverted the rule of the law of nations, and, by agreement, declared proportionably by all who are interested." ' The description of the loss as extraordinary is intended... | |
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All loss which arises in consequence of extraordinary sacrifices made or expenses incurred for the preservation of the ship and cargo comes within general average, and must be borne proportionately by all who are interested. 
