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" ... the 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... "
The Law of Contracts and Promises Upon Various Subjects and with Particular ... - Page 23
by Samuel Comyn - 1824 - 654 pages
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Reports of Civil and Criminal Cases Decided by the ..., Volume 35; Volume 142

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
...ordinary, and popular sense, unloss they have generally, in respect to the subjectmatter, as by the known usage of trade, or the like acquired a peculiar...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...
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A Treatise of the Law Relative to Contracts and Agreements Not ..., Volume 2

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...
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A System of the Law of Marine Insurances: With Three Chapters, on ..., Volume 1

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...
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An Abridgment of the Law of Nisi Prius ...

William Selwyn - Nisi prius - 1812 - 732 pages
...ordinary, and popular sense, unless they have generally, in respect to the subject matter, as by the known usage of trade or the like, acquired a peculiar...immediate intention of the parties to that contract, he understood in some other special and peculiar sense. The only difference betweeft policies of assurance...
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A Treatise on the Law of Evidence

Samuel March Phillipps - Evidence (Law) - 1815 - 600 pages
...ordinary, and proper sense, unless they have 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 the words; or unless the context evidently points out, that they must in the particular instance, and in...
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A Treatise on the Law of Evidence

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...
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A System of the Law of Marine Insurances: With Three Chapters, on ..., Volume 1

James Allan Park - Bottomry and respondentia - 1817 - 848 pages
...ordinary, and popular sense, unless they have generally in respect to the subject-matter, as by the known usage of trade, or the like, acquired a peculiar...understood in some other special and peculiar sense. The only difference between policies of assurance and other instruments in this respect, is, that the...
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An Abridgment of the Law of Nisi Prius...

William Selwyn - Nisi prius - 1817 - 776 pages
...ordinary, and popular sense, unless they have generally, in rf-spect to the subject matter, as by the known usage of trade or the like, acquired a peculiar...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,...
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An Abridgment of the Law of Nisi Prius...

William Selwyn - Nisi prius - 1817 - 782 pages
...Held* that these alterations might be made by stat. 35 G. 3. c. 63. a. 13., without any new stump. «md in order to effectuate the immediate intention of...understood in some other special and peculiar sense. The only difference between policies of assurance and other instruments in this respect, is, that the...
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An Abridgment of the Law of Nisi Prius...

William Selwyn - Civil procedure - 1820 - 830 pages
...ordinary, and popularsense, unless they have generally, in respect to the subject matter, as by the known usage of trade or the like, acquired a peculiar...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...
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