 | David Graham (Jr.) - New trials - 1855 - 650 pages
...of opinion, that at the trial I ought not to have admitted the evidence of usage. But the point of law is here settled, and when once solemnly settled, no particular usage shall be admitted to weign against it. This would send everything to sea again. It is settled by two judgments in Westminster... | |
 | James Barr Ames - Negotiable instruments - 1881 - 932 pages
...clear of opinion that at the trial I ought not to have admitted the evidence of usage. But the point of law is here settled ; and, when once solemnly settled,...it : this would send every thing to sea again. It in settled by two judgments in Westminster Hall, both of them agreeable to law and to convenience.... | |
 | Law - 1881 - 1014 pages
...Mansfield said, speaking of evidence of custom in an action on a bill of exchange : " The point of law is here settled, and when once solemnly settled,...shall be admitted to weigh against it. This would send everything to sea again."' In Eager v. Atlas Insurance Company,2 Wilde, J., said: " Now it seems to... | |
 | Law - 1881 - 982 pages
...Mansfield said, speaking of evidence of custom in an action on a bill of exchange : " The point of law is here settled, and when once solemnly settled,...shall be admitted to weigh against it. This would send everything to sea again." x In Eager v. Atlas Insurance Company, 2 Wilde, J., said: " Now it seems... | |
 | Frederick Pollock - Jurisprudence - 1896 - 396 pages
...they had once been recognised by considered decision. Proof was now neither required nor allowed. " When once solemnly settled, no particular usage shall be admitted to weigh against it," said Lord Mansfield in 1761, declining to make any question, upon evidence of this or that merchant's... | |
 | Robert Emmet Bunker - Negotiable instruments - 1906 - 716 pages
...it : This would send every thing to Sea again. It is settled by two Judgments in Westminster-Hall, both of them agreeable to Law and to Convenience....Manning in Comyns, and Acheson and Fountain in Strange. These Cases go upon a general Proposition in Law, that an Indorsement to A. implies or Order, and is... | |
 | Howard Leslie Smith, William Underhill Moore - Negotiable instruments - 1922 - 874 pages
...of opinion that, at the trial, I ought not to have admitted the evidence of usage. But the point of law is here settled ; and, when once solemnly settled,...shall be admitted to weigh against it. This would send everything to sea again. It is settled by two judgments in Westminster Hall, both of them agreeable... | |
 | Morton J. Horwitz - History - 1977 - 382 pages
...of law is here settled," Mansfield declared in a commercial case involving tender of proof of usage "and when once solemnly settled, no particular usage...shall be admitted to weigh against it: this would send everything to sea again."15* Under Mansfield's influence American judges at the turn of the century... | |
 | Amanda Perreau-Saussine, James B. Murphy - Law - 2007 - 322 pages
...existence was to be proved by merchants. As Lord Mansfield put it, once a point of commercial law was 'solemnly settled, no particular usage shall be admitted to weigh against it: this would send everything to sea again.' Foster J added: This word custom is apt to mislead our ideas. The custom... | |
| |
Now upon the Best Consideration I have been able to give this Matter, I am very clear of Opinion, that at the Trial, I ought not to have admitted the Evidence of Usage. But the Point of Law is here settled... 