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" The parties have entered into a special contract, by which freight is made payable in one event only, that of a right delivery of the cargo according to the terms of the contract ; and that event has not taken place. There has been no such delivery ;... "
Reports of Cases Argued and Determined in the Court of King's Bench: With ... - Side 522
af Great Britain. Court of King's Bench, Edward Hyde East - 1809
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A Treatise of the Law Relative to Merchant Ships and Seamen: In Five Parts

Charles Abbott (Baron Tenterden) - 1846 - 1088 sider
...Mulloy v. Backer (b). Then what does this case amount to ? The parties have entered into a special contract, by which freight is made payable in one...that event has not taken place. There has been no such delivery ; and consequently the plaintiff is not entitled to recover. . He should have provided...
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A manual for shipmasters, letters

James Lees - 1851 - 478 sider
...not entitled to recover, — the parties having entered into a special contract, by which freight was made payable in one event only, — that of a right...according to the terms of the contract, and that event had not taken place.4 And, in another case, a vessel was on a voyage from Charleston to a port in Holland...
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The Practice in Courts of Justice in England and the United States, Bind 2

Conway Robinson - 1855 - 884 sider
...have been decided on this principle — the principle that when parties have entered into a special contract by which freight is made payable in one event...the cargo according to the terms of the contract, and there, has been no such delivery, there can be no recovery in an action on the contract. Liddard...
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A Treatise of the Law Relative to Merchant Ships and Seamen

Charles Abbott (Baron Tenterden) - 1856 - 996 sider
...Mulloy v. Backer (m). Then what does this case amount to ? The parties have entered into a special contract, by which freight is made payable in one...that event has not taken place. There has been no such delivery; and consequently the plaintiff is not entitled to recover. He should have provided in...
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Massachusetts Reports: Cases Argued and Determined in the Supreme ..., Bind 8

Massachusetts. Supreme Judicial Court - 1864 - 496 sider
...Jennings, and by my brother Le Blanc in Mulloy vs. Backer. The parties have entered into a special contract, by which freight is made payable in one...cargo, according to the terms of the contract, and that has not taken place ; there has been no delivery, and consequently the plaintiff is not entitled to...
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A Treatise of the Law Relative to Merchant Ships and Seamen

Charles Abbott (Baron Tenterden) - 1867 - 1178 sider
...Mulloy v. Backer (f). Then what does this case amount to ? The parties have entered into a special contract, by which freight is made payable in one...that event has not taken place. There has been no such delivery ; and consequently the plaintiff' is not entitled to recover. lie should have provided...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Bind 15

New York (State). Supreme Court, William Johnson - 1867 - 510 sider
...Barker v. C/ieriot. In that case, Lord EHenborough observed, " The parties have entered into a special contract, by which freight is made payable in one...that event has not taken place : there has been no such delivery, and, consequently, the plaintiff is not entitled to recover ; he should have provided,...
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The American Reports: Containing All Decisions of General Interest ..., Bind 25

Isaac Grant Thompson - 1879 - 888 sider
...by Lord ELLENBOROUCJH, in Liddard v. Lopes, 10 East, 526 : "The parties have entered into a special contract by which freight is made payable in one event...that event has not taken place, there has been no such delivery, and, consequently, the plaintiff is not entitled to recover." As the plaintiff cannot...
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The American Decisions: Containing All the Cases of General Value ..., Bind 8

1886 - 800 sider
...Barker v. Cheriot. In that case Lord Ellenborough observed, " the parties have entered into a special contract, by which freight is made payable in one...that event has not taken place; there has been no such delivery, and consequently the plaintiff is not entitled to recover. He should have provided in...
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A Selection of Cases on the Law of Quasi-contracts, Bind 1–2

William Albert Keener - 1888 - 1234 sider
...BLANC in Mulloy v. Backer.2 Then what does this case amount to. The parties have entered into a special contract, by which freight is made payable in one...that event has not taken place ; there has been no such delivery ; and consequently the plaintiff is not entitled to recover : he should have provided...
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