... to be understood in their plain, ordinary, and popular sense, unless they have generally, in respect to the subjectmatter, (as, by the known usage of trade or the like,) acquired a peculiar sense distinct from the popular sense of the same words ;... An Abridgment of the Law of Nisi Prius - Page 1154by Patrick Brady Leigh - 1838 - 1620 pagesFull view - About this book
| Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1911 - 952 pages
...generally, in respect to the subjectmatter, as by the known usage of trade, or the like acquired a peculiar sense, distinct from the popular sense of...words; or unless the context evidently points out that, in the particular instance, and in order to effectuate the immediate intention of the parties, it should... | |
| Samuel Comyn - Contracts - 1807 - 646 pages
...fame words ; or unlefs the context evidently points out that they mud, in the particular inftance, and in order to effectuate the immediate intention of the parties to that contract, TJC underftood in fome other fpecial and peculiar fenfe. (a) And the general rule which our courts... | |
| James Allan Park - Bottomry and respondentia - 1809 - 924 pages
...words s or utilefi the context evidently faints out that they mujl, in the particular inftance,and in order to effectuate the immediate intention of the parties to that contrail, be underJfotd in feme other fpccial and peculiar fenfe. The only difference between policies... | |
| William Selwyn - Nisi prius - 1812 - 732 pages
...generally, in respect to the subject matter, as by the known usage of trade or the like, acquired a peculiar sense distinct from the popular sense of...immediate intention of the parties to that contract, he understood in some other special and peculiar sense. The only difference betweeft policies of assurance... | |
| Samuel March Phillipps - Evidence (Law) - 1815 - 600 pages
...known usage of trade or the like, acquired a peculiar sense distinct from the popular sense of the words; or unless the context evidently points out,...effectuate the immediate intention of the parties, be understood in some other special and peculiar sense (3). Proof of usage is not admissible to contradict... | |
| Samuel March Phillipps - Evidence (Law) - 1816 - 746 pages
...peculiar sense distinct from the popular sense of the words ; or unless the context evidently points ojat that they must in the particular instance, and in...effectuate the immediate intention of the parties, be understood in some other special and peculiar sense (3). Proof of usage is not admissible to contradict... | |
| William Selwyn - Nisi prius - 1817 - 776 pages
...generally, in rf-spect to the subject matter, as by the known usage of trade or the like, acquired a peculiar sense distinct from the. popular sense of...points out that they must, in the particular instance, y Lunl Ellei)borough C. J- delivering the judgment of the court iii Robertson T. Flt'lldl, 4 I .1-1,... | |
| William Selwyn - Civil procedure - 1820 - 830 pages
...generally, in respect to the subject matter, as by the known usage of trade or the like, acquired a peculiar sense distinct from the popular sense of...must, in the particular instance, and in order to effect the immediate intention of the parties to that contract, be understood in some other special... | |
| Sir John Comyns - Digests, etc - 1822 - 652 pages
...known usage of trade or the like, acquired a peculiar sense, distinct from the popular sense of the words ; or unless the context evidently points out,...effectuate the immediate intention of the parties, be understood in some other special and peculiar sense. 4 East, 130. 119. Expressions introduced into... | |
| Wendell Phillips - Insurance law - 1823 - 572 pages
...generally in respect to the subject matter, as by the known usage of trade, or the like, acquired a peculiar sense distinct from the popular sense of...effectuate the immediate intention of the parties, be understood in some other special and peculiar sense. '(9) The principle of construing according... | |
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