 The special facts upon which the contingent chance is to be computed lie most commonly in the knowledge of the insured only. The underwriter trusts to his representations, and proceeds upon confidence that he does not keep back any circumstance in his...  The Law Reports: Court of Queen's Bench - Page 607by William Mills (barrister-at-law.), Henry Holroyd, E. A. C. Schalch, Arthur Wilson, Great Britain. Court of Queen's Bench - 1867Full view - About this book
 | James Allan Park - Bottomry and respondentia - 1817 - 848 pages
...founded. " First. Insurance is a contract upon speculation. TTie special facts, upon which the risk is to be computed, lie most commonly in the knowledge...of the insured only. The underwriter trusts to his statement, and proceeds upon confidence, that he does not keep back any circumstances within his knowledge,... | |
 | Thomas Arnold - Marine insurance - 1822 - 1008 pages
...His Lordship said, " Assurance is a contract upon speculation. The special facts, upon which the risk is to be computed, lie most commonly in the knowledge of the assured only. The underwriter trusts to his statement, and proceeds upon confidence, tli. '.l he does... | |
 | James Kent - 1826-1830 - 1827 - 544 pages
...insurance contract, the special facts, as Lord Mansfield has observed, Carter v. Boehm, 3 Burr. 1905. upon which the contingent chance is to be computed,...know.ledge of the insured only. " The underwriter trutts to hit representation," and proceeds upon confidence that he does not keep back any circumstance... | |
 | George Beaumont - Fire insurance - 1833 - 134 pages
...BI. Rep. 463. (c) " Insurance is a contract upon speculation. The special facts upon which the risk is to be computed lie most commonly in the knowledge...of the insured only. The underwriter trusts to his statement, and proceeds upon confidence that he does not keep back any circumstances within his knowledge... | |
 | Esek Cowen, New York (State). Supreme Court - Law reports, digests, etc - 1837 - 826 pages
...difference. " Insurance," says lord J\lansfield, " is a contract upon speculation." (3 Bun: 1909.) "The special facts upon which the contingent chance...only ; the underwriter trusts to his representation," &c. He says the insured need not slate what the insurer knows; but the keeping1 back the true state... | |
 | Jasper Adams - Christian ethics - 1837 - 554 pages
...known to act, and professes to act, upon the information of the insured. In this kind of contract, the special facts, upon which the contingent chance is to be computed, lie almost always in the knowledge of the insured only. The insurer trusts to his representation, and proceeds... | |
 | Elisha Hammond - Fire insurance - 1840 - 200 pages
...Insurance is a contract upon speculation, the special facts upon which the risk is to be computed lie commonly in the knowledge of the insured only, the underwriter trusts to his statement, and proceeds upon confidence that he does not keep back any circumstances within his knowledge... | |
 | Archibald John Stephens - Arbitration and award - 1842 - 998 pages
...Carter v. J5oeAm'(8), in which his lordship observed, "First, insurance is a contract upon speculation. The special facts upon which the contingent chance is to be computed, lie most commonly in the xne keeping knowledge of the insured only. The underwriter trusts to his represent- back material ation,... | |
 | Francis Hildyard - Insurance law - 1845 - 894 pages
...founded. " First. Insurance is a contract upon speculation. The special facts, upon which the risk is to be computed, lie most commonly in the knowledge...of the insured only. The underwriter trusts to his statement, and proceeds upon confidence, that he does not keep back any circumstances within his knowledge,... | |
 | George Duckett Barber - Fire insurance - 1846 - 134 pages
...Richardson, 1 Bl. Rep. 563. ' Insurance is a contract upon speculation. The special facts upon which the risk is to be computed lie most commonly in the knowledge...of the insured only. The underwriter trusts to his statement, and proceeds upon confidence that he does not keep back any circumstances within his knowledge... | |
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