Pim and Elliot
Jurisdiction | England & Wales |
Judgment Date | 01 January 1728 |
Date | 01 January 1728 |
Court | Court of the King's Bench |
English Reports Citation: 90 E.R. 2
IN THE COURT OF KING'S BENCH
4. pim and elliot. Condition of a bond was, that after arrival of a ship from such and such places, that A. should pay ten pounds and twelve pence per month for every pound for every month ; and if the said ship be driven back, stay'd or hindred by distress of weather, or leakage, so that she return not, then upon payment of ten pounds, condition to be void. Defendant pleads, that by reason of the perils of the sea, the said ship was drowned in the sea: the question was, whether this was an hindrance within the words of the condition, and holden it was : but Pemberton said, that if they had [4} been taken by the Turks, or perished any other ways then by leakage or...
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