 | Francis B. Dixon - Average (Maritime law) - 1866 - 528 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...effectuate the immediate intention of the parties, be understood in some other special and peculiar sense." In conclusion, the true principle of construction... | |
 | Thomas Henry James - Maritime law - 1866 - 164 pages
...popular sense, unless they have generally in respect to the subjectmatter, as by the known usage of the trade, or the like, acquired a peculiar sense distinct...instance, and in order to effectuate the immediate intentions of the parties, be understood in some other special and peculiar sense. If, as is usually... | |
 | Sir Joseph Arnould - Average (Maritime law) - 1866 - 598 pages
...generally, in respect to the subject matter, as- by the known usage of trade or the like, acqiiired a peculiar sense, distinct from the popular sense...effectuate the immediate intention of the parties, be understood in some other special and peculiar sense."1 The following are some of the more prominent... | |
 | Simon Greenleaf - Evidence (Law) - 1866 - 756 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...; or unless the context evidently points out that, in the particular instance, and in order to eflfectu ate the immediate intention of the parties, it... | |
 | Theophilus Parsons - Average - 1868 - 700 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...the parties to that contract, be understood in some special and peculiar sense." 2 Pars. Contr. (5th ed.) 357; Merrill v. Boylston F. & M. Ins. Co., 3... | |
 | Great Britain. Courts - Admiralty - 1868 - 602 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...particular instance, and in order to effectuate the intention of the parties to that contract, be understood in some other special and peculiar sense."... | |
 | Law - 1890 - 542 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." It is to be remembered however that this in a commercial document used for a peculiar purpose among... | |
 | 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
...and popular r*!.™ *sense, unless they have generally in respect to the subject- L matter, as by the known usage of trade, or the like, acquired a peculiar...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... | |
 | Iowa. Supreme Court - Law reports, digests, etc - 1872 - 660 pages
...and popular sense, unless they have generally, in respect to the subject-matter, as by the knowledge of trade, or the like, acquired a peculiar sense distinct...; 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 Robinson Clarke - Insurance law - 1873 - 448 pages
...sense, unless they have generally in respect to the subject matter, as by the known usages of trade acquired a peculiar sense distinct from the popular...effectuate the immediate intention of the parties, be understood in some other special and peculiar sense (d). Policies of insurance are to be considered... | |
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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... 
