 Subject-matter, as by the known usage of trade, or the like, acquired a peculiar sense distinct from the popular sense of the same words; or unless the context evidently points out that they must in the particular instance, and in order to effectuate...  A Treatise on the Law of Evidence - Page 405by Samuel March Phillipps - 1815 - 520 pagesFull view - About this book
 | Law - 1890 - 542 pages
...usage of trade, or the like, acquired a peculiar sense distinct from the popular sense of the same words ; or unless the context evidently points out...effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense." It is to be remembered however... | |
 | Iowa. Supreme Court - Law reports, digests, etc - 1872 - 660 pages
...distinct from the popular sense of the same 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 be understood in some other peculiar sense. 1 Greenl. Ev., ยง 278. Willmering v. McQaughey.... | |
 | Thomas Sergeant, John Cole Lowber, Thomas M'Kean Pettit, George Sharswood, Henry Wharton, Samuel Dickson, James Parsons, William Wynne Wister - Law reports, digests, etc - 1872 - 556 pages
...usage of trade, or the like, acquired a peculiar sense distinct from the popular sense of the same words ; or unless the context evidently .points out that they must in the particular instunce, and in order to effectuate the immediate intention of the parties to that contract, be understood... | |
 | Samuel Robinson Clarke - Insurance law - 1873 - 448 pages
...by the known usages of trade acquired a peculiar sense distinct from the popular sense of the same words, or unless the context evidently points out...understood in some other special and peculiar sense (d). Policies of insurance are to be considered and construed as a whole, and particular clauses or... | |
 | New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - Law reports, digests, etc - 1874 - 658 pages
...peculiar sense, distinct from the popular sense of the same words, or unless the context points out that, in the particular instance, and in order to effectuate the immediate intention of the parties, they should be understood in a peculiar sense, they are to be understood in their plain, ordinary,... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - Law reports, digests, etc - 1876 - 770 pages
...usage of trade, or the like, acquired a peculiar sense, distinct from the popular sense of the same words ; or unless the context evidently points out,...effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sens*.1 " Again, it will be seen... | |
 | Nathan Howard (Jr.) - Civil procedure - 1873 - 618 pages
...peculiar sense, distinct from the popular sense of the same words ; or unless the context points out that, in the particular instance, and in order to effectuate the immediate intention of the parties, they should be understood in a peculiar sense, Pphalaski agt. Mutual Life Insurance Co. they are to... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1879 - 884 pages
...acquired a peculiar sense distinct from the popular sense of the same words, or unless the context points out that they must, in the particular instance,...effectuate the immediate intention of the parties to the contract, be understood in some special and peculiar sense." Robertson v. French, 4 East, 130?... | |
 | Benjamin Russell, M.A. - 1880 - 678 pages
...usage of trade or the like, acquired a peculiar sense, distinct from the popular sense of the same words, or unless the context evidently points out...understood in some other special and peculiar sense. Arnould, in his work on Insurance, vol. 1, p. 262, 4th Ed., lays down a similar principle, in reference... | |
 | James Thomas Foard - Freight and freightage - 1880 - 678 pages
...& W., 465, 475, per Parke, B. ; River Wear Commiss. v. Adamson, 2 App. C., 765 ; pp. 271, 272, put. words ; or unless the context evidently points out...effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense." 1 In order to effectuate... | |
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