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" 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 representation, and proceeds upon confidence that he does not keep back any circumstance... "
Merchants' Magazine and Commercial Review - 506. lappuse
1849
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Reports of Cases Argued and Adjudged in the Court of King's Bench ..., 3. sējums

Great Britain. Court of King's Bench, James Burrow - 1812 - 648 lapas
...particulars objected were not mentioned, is n ell founded. First. Insurance is a contract upon speculation. The special facts, upon which the contingent chance is to be computed, lie most commonly in the knowledge of the insured only : the under-writer trusts to his representation,...
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Elements of Moral Philosophy

Jasper Adams - 1837 - 554 lapas
...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...
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Reports of Cases Argued and Determined in the Supreme Court and ..., 6. sējums

Esek Cowen, New York (State). Supreme Court - 1837 - 826 lapas
...difference. " Insurance," says lord J\lansfield, " is a contract upon speculation." (3 Bun: 1909.) "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 representation,"...
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A Selection of Leading Cases on Various Branches of the Law: With ..., 1. sējums

John William Smith - 1841 - 744 lapas
...particulars objected were not mentioned, is well founded. First. Insurance is a contract upon speculation. 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 representation,...
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The Law of Nisi Prius, Evidence in Civil Actions, and Arbitration ..., 3. sējums

Archibald John Stephens - 1842 - 998 lapas
...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-...
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Hunt's Merchants' Magazine and Commercial Review, 20. sējums

Freeman Hunt, Thomas Prentice Kettell, William Buck Dana - 1849 - 714 lapas
...Co. 6 Cowen, 318.) S Mass. R. 133. Bartlet vs. Walton, 13 Mass. R. 267. Jackson vs. Mass. In. Co. 23 Pick. 418.) With regard to the good faith necessary...case, it may be generally remarked that the special foots upon which the contingent chance is to be computed, lay in the knowledge of the insured alone...
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Commentaries on American Law, 3. sējums

James Kent - 1854 - 684 lapas
...governed this branch of the subject, and they have been implicitly adopted in all succeeding cases. The special facts upon which the contingent chance is to be computed, usually lie in the knowledge of the insured only, and the underwriter trusts to his representation,...
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A Treatise on the Law of Fire and Life Insurance: With an Appendix ...

Joseph Kinnicut Angell - 1855 - 692 lapas
...made by themselves, and not on representations coming from the assured.2 The real question is, whether the special facts upon which the contingent chance is to be computed are within the knowledge of the underwriter,3 so that, after all, there is no difference in principle...
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Reports of Cases Argued and Determined in the Court of Queen's Bench: And ...

Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - 1862 - 1062 lapas
...suppression was not with fraudulent intent on his part. In Carter v. Boehm (e) Lord Mansfield says, p. 1909, "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 representation,...
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Reports of Cases Argued and Determined in the Court of Queen's Bench: And ...

Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - 1862 - 1056 lapas
...suppression was not with fraudulent intent on his part. In Carter v. Boehm (e) Lord Mansfield says, p. 1909, "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 representation,...
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