An Enquiry Into the Law Merchant of the United States, Or, Lex Mercatoria Americana, on Several Heads of Commercial ImportanceReprint of the sole edition. With an appendix of forms. As Horwitz points out in The Transformation of American Law, this is the first American treatise on commercial law (150). Surrency's History of American Law Publishing notes that it was also the first to deal with admiralty law (441). It focused on shipping and maritime commerce, with substantial sections on insurance and bankruptcy. Reflecting the tension that existed between arbitrators and courts of law, Caines insisted that "in what appertains to trade, let it be constantly remembered, that custom alone is law" (220). Caines [1771-1825] was the official reporter of the New York Supreme Court. |
Contents
4 | |
15 | |
27 | |
Of Commercial Neutrality | 108 |
Of Masters of Ships | 131 |
Of Bills of Lading | 163 |
Of Masters of Hoys Barges and other Inland Carriers | 170 |
Of Seamen or Mariners | 180 |
Bottomry and Respondent | 354 |
CHAPTER XII | 366 |
Of Factors | 388 |
Of Brokers | 419 |
Of the Possession of Partners their Interest in | 427 |
Of Proceedings by Partnerships | 438 |
Of Bankruptcy | 460 |
Of Shipping of the United States in general | 464 |
Of Freight Charter Party and Demurrage | 199 |
Of Average and Salvage | 229 |
Of Orders for Insurance | 263 |
Of Total Loss | 281 |
Salvage | 289 |
Of Fraud in Policies | 301 |
SeaWorthiness | 308 |
Reassurance | 315 |
Return of Premium | 342 |
Of Persons who may and those who may not | 469 |
Of the Place to or from which the Trade must | 489 |
Of the Debt to support a Commission 5 | 505 |
Of the Power of the Commissioners over the Personal | 517 |
Of Property which the Commissioners cannot assign | 538 |
SECTION XIV | 556 |
Of the Equities to which Assignees are liable | 574 |
Of the Bankrupts privilege from arrest his examina | 581 |
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Common terms and phrases
abandonment according action aforesaid agent agreement allowed amount answerable appear arise arrival assured authority belonging bill bond bound brought cafe captain cargo carried cause CHAP charge circumstances claim collector common consequence contract court damage debt decision defendant delivered delivery demand determined directed discharge district duties effect entered entitled evidence factor fail fame foreign freight give given hall hands held imported interest laid land liable Lord loss lost mariner master merchant months nature necessary neutral notice officer original otherwise owner paid particular party payment person plaintiff port premium principle proceed proved purchaser reason received recovered refused regulations render respect rule sailed salvage ship suit taken tion trade underwriter United unless vessel voyage wages warranted whole
Popular passages
Page 47 - ... If the vessel be double-decked, take the length thereof from the fore part of the main stem, to the after part of the stern post, above the upper deck"; the breadth thereof at the broadest part above the main wales, half of which breadth shall be accounted the depth of such vessel...