memorandum clause
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 48 U.S. 595 - Jacob Hugg and John Bandel v. The Augusta Insurance and Banking Company of the City of Augusta · 1849Most cited · 28 citing opinions
total loss
In the case of memorandum articles, the exception of particular average excludes a constructive total loss; and, of course, the principle which allows an abandonment where the loss exceeds half the value does not apply. There must be an actual total loss of the goods. The object of the clause is to protect the underwriter from any partial loss on articles of a perishable nature, which are liable to inherent decay and damage, independently of the damage occasioned by the perils insured against
How often courts cite the case defining “memorandum clause”
Court decisions citing the opinion that defined “memorandum clause” — 28 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.