Part

A portion; share. Bouvier says that the terms part and counterpart were formerly in use for the two copies, interchanged, of a written covenant. In modern practice, part is not much in use in this sense; the two papers are indifferently called countering them, the terms original and duplicate are more usual designations. In some connections, part seems equivalent to partial; as in the phrases partowner, part performance; unless such phrases are to be explained as inversions, for sake of conciseness or emphasis, — of owner of part, performance of part. Part may appropriately apply to an undivided part.

Vrooman v. Weed, 2 Barb. -330.

Where a testator bequeathed the residue of his estate to he divided between a son and two daughters, the son to have half a part, and the daughters the remainder, it was held that the word part meant share, and that the son therefore took one-sixth.

Fulford V. Hancocli, 1 Busb. Eq. 55.

Under the laws of the United States authorizing foreign coin to pass current at certain rates for each dollar and parts of a dollar, the phrase, parts of a dollar, is to be construed in reference to the division of a dollar as established in the coinage of the United States; and a twenty-cent piece is not within the act.

United States v. Gardner, 10 Pet. 618.

An enactment authorizing the purchase of any railroad partly or wholly completed was held not to include a private railroad built from mines to iron-works, wherefrom the rails had been removed by an order of court.

Mc Candless's Appeal, 70 Pa. St. 210.

Part owner

One of several persons ■who own a thing in common. The term is particularly applied to co-proprietors of vessels. Vessels are generally owned by several persons, and the adjustment of their authority and interest is important; yet they are not partners. Hence " part owners " is in constant use in that branch of the law.

Part performance

The doing some portion, yet not the whole, of what either party to a contract has agreed to do. This has an important effect in curing the objection that the contract was not reduced to writing; also, in entitling the party to enforce a specific performance by the other.

Partial loss

A term of marine insurance, signifying damage to a thing insured not amounting to entire destruction nor construed as equivalent to that. If the res is destroyed or rendered wholly valueless, this is actual total loss; and if not, yet if the injury is so great as to entitle the insured to abandon what remains to the underwriters, and claim the less than either of these is a partial loss. The expression, in its application to portions of cargo which are the subject of distinct ownership, is equivalent to "particular average." Partial loss implies a damage sustained by the ship or cargo, which falls upon the respective owners of the property so damaged; and, when happening from any peril insured against by the policy, the owners are to be indemnified by the underwriters, unless in cases excepted by the express terras of the policy.

Padelford v. Boardman, 4 Mass. 548.

The terms " partial loss " and " average " are understood, in this country, to mean the same thing. "Partial loss" includes both general and particular average.

Wadsworth V. Pacific Ins. Co., 4 Wend. 33, 39.

A total loss of a part of the interest — e.g. if one of twenty hogsheads of sugar insured is washed out — is a partial loss.

American Ins. Co. v. Griswold, 14 Wend. 399, 472.

Where an injury results to a vessel from a peril insured against, but the loss is neither actually nor constructively total, it is a partial loss.

Globe Ins. Co. v. Sherlock, 25 Ohio St. 50.

Partial loss is one in which the damage done to the thing insured is not so complete as to amount to a total loss, either actual or constructive. In every such case the imderwriter is Uable to pay such proportion of the sum which would be payable on total loss, as the damage sustained by the subject of insurance bears to the whole value at the time of- insurance. {2 Steph. Com. 132, 133; Crump Mar. Ins. § 331.) Mozley ^ W.