 | Francis Hilliard - 1843 - 544 pages
...Ocean, fyc. I Met. 160. 20. So notwithstanding a clause in the policy, that " the acts of the assurer, in recovering, saving and preserving the property...insured, in case of disaster, shall not be considered an acceptance of the abandonment "; such clause being inserted " diverso intuitu."— Ibid. 21. A vessel,... | |
 | Law - 1843 - 526 pages
...in such case, are not varied by a clause in the policy of insurance, that " the acts of the assurer, in recovering, saving, and preserving the property insured, in case of disaster, shall not be ponsidered an acceptance of an abandonment ;" such clause being inserted diverso intuitu. Ib. 7. (Of... | |
 | Commerce - 1843 - 590 pages
...Boston contain the following clauses : — " That the acts of the insured or insurers in receiving, saving, and preserving the property insured, in case of disaster, shall not be considered a waiver or acceptance of an abandonment." " It is also agreed that the insured shall not have the... | |
 | 1843 - 590 pages
...Boston contain the following clauses : — " That the acts of the insured or insurers in receiving, saving, and preserving the property insured, in case of disaster, shall not be considered a waiver or acceptance of an abandonment." " It is also agreed that the insured shall not have the... | |
 | Law - 1855 - 736 pages
...to deny the authority of Howard, and treat the insurers as trespassers. Since the decision of Peele v. The Merchants' Insurance Company, a clause has...an abandonment, to labor in rescuing and preserving property, without fear of the effect of their acts as evidence of an acceptance or waiver. The clause... | |
 | Sir Joseph Arnould - Average - 1850 - 796 pages
...Commonwealth Ins. Co. r. Chase, 20 Pick. 142 The policy in this case provided "that the acts of the assured or insurers in recovering, saving and preserving the...insured, in case of disaster, shall not be considered a waiver or acceptance of an abandonment." But it was held, that the legal construction would have... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1887 - 736 pages
...between it and the plaintiff, "it was agreed that the acts of the insured or insurers, or their agents in recovering, saving and preserving the property...insured in case of disaster, shall not be considered a waiver, or an acceptance of an abandonment, nor as affirming or denying any liability under this... | |
 | Theophilus Parsons - Admiralty - 1859 - 936 pages
...Co., 6 Mass. 479. The Boston policies contain a elause which provides, " that the acts of the assured or insurers in recovering, saving, and preserving...insured, in case of disaster, shall not be considered a waiver or aeceptance of an abandonment." Putaam, can repair before an abandonment, although they... | |
 | Peleg Sprague, United States. District Court (Massachusetts) - Admiralty - 1861 - 674 pages
...exercise no rights of ownership, until after an abandonment. A clause in the policy, declaring that "the acts of the insured or insurers, in recovering,...shall not be considered as a waiver or acceptance of the abandonment," does not authorize the keeping possession of the vessel for six weeks after her return... | |
 | Peleg Sprague, United States. District Court (Massachusetts) - Admiralty - 1861 - 674 pages
...acceptance of the abandonment by operation of law. Ib. 7. A clause in the policy, declaring that " the acts of the insured or insurers, in recovering,...shall not be considered as a waiver or acceptance of the abandonment," does not authorize the keeping possession of the vessel for six weeks after her return... | |
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... sue, labor, and travel for, in and about the defense, safeguard and recovery of the said goods and merchandises, or any part thereof, without prejudice to this insurance; nor shall the acts of the insured or insurers, in recovering, saving and preserving... 
