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" 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... "
Reports of Cases Determined in the Several Courts of Westminster-hall, from ... - Page 298
by Great Britain. Courts, William Blackstone - 1828 - 1385 pages
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A Treatise on the Law of New Trials in Cases Civil and Criminal, Volume 1

David Graham - New trials - 1855
...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...
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A Selection of Cases on the Law of Bills and Notes and Other ..., Volume 1

James Barr Ames - Negotiable instruments - 1881
...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....
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The Southern Law Review, Volume 6

Law - 1881
...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...
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The Southern Law Review: And Chart of the Southern Law and ..., Volume 6

Law - 1881
...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...
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A First Book of Jurisprudence for Students of the Common Law

Frederick Pollock - Jurisprudence - 1896 - 348 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...
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Selected Cases on the Law of Negotiable Instruments

Robert Emmet Bunker - Negotiable instruments - 1906 - 682 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...
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Cases on the Law of Bills and Notes: Selected from Decisions of ..., Volume 1

Howard Leslie Smith, William Underhill Moore - Negotiable instruments - 1922 - 847 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...
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The Transformation of American Law, 1780–1860

Morton J. HORWITZ - Law - 1977 - 356 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...
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The Nature of Customary Law: Legal, Historical and Philosophical Perspectives

Amanda Perreau-Saussine, James B. Murphy - Law - 2007
...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...
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