 | Great Britain. Court of King's Bench, James Burrow - 1812 - 648 halaman
...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,... | |
 | Jasper Adams - 1837 - 554 halaman
...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... | |
 | Esek Cowen, New York (State). Supreme Court - 1837 - 826 halaman
...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,"... | |
 | John William Smith - 1841 - 744 halaman
...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,... | |
 | Archibald John Stephens - 1842 - 998 halaman
...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-... | |
 | Freeman Hunt, Thomas Prentice Kettell, William Buck Dana - 1849 - 714 halaman
...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... | |
 | James Kent - 1854 - 684 halaman
...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,... | |
 | Joseph Kinnicut Angell - 1855 - 692 halaman
...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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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... 
