| George Caines - Law reports, digests, etc - 1860 - 604 pages
...understand by the term barratry in a policy of insurance. In the case of Nutt v. Bordieu, (D. & E. 330,) Lord Mansfield says, barratry is something contrary...with his consent, for though the owner may become Kendrick v. Pelafield. liable, by the misbehavior of the captain, if he consents, yet that is not barratry.... | |
| South Carolina. Court of Appeals, Langdon Cheves - Law reports, digests, etc - 1860 - 336 pages
...mariners, which are very particular. An owner cannot commit barratry. He may make himself liable, by fraudulent conduct, to the owner of the goods, but not as for barratry." Since this decision, the question has never been doubted in the English or American courts, but has... | |
| Leone Levi - Commercial law - 1863 - 664 pages
...against the owner with his Who may consent. An owner cannot commit barratry. He may make i,an"trv. himself liable by his fraudulent conduct to the owner of the goods, but not as for barratry (i). Barratry cannot be committed by a master when he is owner or part owner of the vessel (&). When... | |
| Sir Joseph Arnould - Average (Maritime law) - 1866 - 628 pages
...another place he says,—" Barratry is sorriething contrary to the duty of the master and mariners, in the relation in which they stand to the owners...to the owner of the. goods, but not as for barratry ; and, besides, barratry cannot be committed against the owner with his consent." : Upon these principles... | |
| Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1866 - 722 pages
...pointedly stated by Lord Mansfield, that an owner cannot commit barratry. He may make himself liable for his fraudulent conduct to the owner of the goods, but not as for barratry. Mr. Arnould, in his excellent treatise on insurance, says, after stating by and against whom barratry... | |
| Frederick Martin - Insurance, Marine - 1876 - 442 pages
...they stand to the owners of the ship. The words are ' master and mariner,' which are very particular. An owner cannot commit barratry. He may make himself...to the owner of the goods, but not as for barratry. And, besides, barratry cannot be committed against the owner with his consent ; for though the owner... | |
| George Caines - Law reports, digests, etc - 1885 - 600 pages
...understand by the term barratry in a policy of insurance. In the case of Nutt v. Bordieu, (D. & E. 330,) Lord Mansfield says, barratry is something contrary...owner, with his consent, for though the owner may beco:ue Kendrick v. Pelafield. liable, by the misbehavior of the captain, if he consents, yet that... | |
| Law reports, digests, etc - 1886 - 880 pages
...pointedly stated by Lord Mansfield that an owner can not commit barratry. He may make himself liable for his fraudulent conduct to the owner of the goods, but not as for barratry. Mr. Arnould, in his excellent treatise on insurance, says, after stating by and against whom barratry... | |
| Sir William Mitchell - Maritime law - 1881 - 248 pages
...the very terms of which imply that " it must ba in the relation in which the}' .-Uuid to " the Owner of the ship. An Owner cannot commit " Barratry ; he may make, himself liable, by his 120 MARITIME NOTES AND QUERIES. 121 INSURANCE. INSURANCE. " fraudulent conduct to the Owners of the... | |
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