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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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A Compendium of the Law of Merchant Shipping: With an Appendix ..., Volume 1

Frederic Philip Maude, Charles Edward Pollock - Maritime law - 1881 - 956 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...of the same words; or unless the context evidently point* out that they must in the particular instance, and in order to effectuate the immediate intentions...
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A Treatise on the Law of Contracts, Volume 1

Charles Greenstreet Addison - Contracts - 1881 - 820 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...distinct from the popular sense of the same words." (<5) Technical words of law, however, are to have their legal effect, unless from subsequent inconsistent...
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The Law of Life Insurance: With a Chapter on Accident Insurance

Charles Crawley - Accident insurance - 1882 - 390 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 first step towards effecting an insurance is for the The properson intending to effect it to fill...
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La bibliothèque du Code civil de la Province de ..., Volume 9, Parts 1150-1265

Quebec (Province) - 1883 - 824 pages
...ordinary, and popular sensé, 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 effectuate the immediate intention of the parties, it should...
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The Laws of Insurance: Fire, Life, Accident, and Guarantee, Embodying Cases ...

James Biggs Porter - Accident insurance - 1884 - 588 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 Difference and other instruments in this respect...
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A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom, Herbert Francis Manisty, Charles Francis Cagney - Legal maxims - 1884 - 1078 pages
...2 App. Cases, Div. 531; 45 LJ Ch. 505; Morgan 423; 46 LJ Ch. 585, 598. v. Seaward, 1 Webs. PR 174. the like, — acquired a peculiar sense distinct from...understood in some other special and peculiar sense " (e). And again, " the contract of insurance," it has been said, " though a mercantile instrument,...
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The Contract of Marine Insurance

Charles McArthur - Marine insurance - 1885 - 390 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." As the policy is a mercantile instrument, the terms must receive the meaning attached to them by mercantile...
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Cases argued and determined in the Supreme court of Nova Scotia, Volume 5

Benjamin Russell - 1885 - 606 pages
...plain ordinary 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 popular sense of the same words, or unless the contract evidently points out that they must, in th'e particulai instance, and in order to effectuate...
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Atlantic Reporter, Volume 44

Law reports, digests, etc - 1900 - 1146 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...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 on the Law of Fire Insurance Adapted to the Present ..., Volume 1

Horace Gay Wood - Fire insurance - 1886 - 770 pages
...popular «we, unie«« they have gênerait}/, in respect to the subject'inatter, a» by the knoten usage of trade, or the. like, acquired a peculiar sense, distinct from the popular sense of the »ame word» ; or uniese the context evidently points out that they must, in the particular instance,...
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