 | William Wetmore Story - Contracts - 1856 - 848 pages
...to any art, trade, course of dealing, or elass of its sense and meaning, as collected in the first place from the terms used in it, which terms are themselves...be understood in their plain, ordinary, and popular senso, unless they have generally in respect to the subject-matter, as by the known usage of trade,... | |
 | Law reports, digests, etc - 1856 - 944 pages
...terms of a policy are, to use the language of Lord Ellfriborongh in Robertson v. French, 4 East, 130, to be understood in their plain, ordinary, and popular sense, unless they have generally in respect of the subject-matter, as by the known usage of trade, or the like, acquired a sense distinct from... | |
 | Iowa. Supreme Court - Law reports, digests, etc - 1858 - 708 pages
...their plain, 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...distinct from the popular sense of the same words. 1 Greenl. Ev. § 278; Choate v. Burnharn, 7 Pick. 274; 1 Greenl. Ev. §§ 299 and 301, note 1; Robertson... | |
 | Theophilus Parsons - Admiralty - 1859 - 936 pages
...policy.2 But the representations and promises in it, which terms are themselves to be understood in thcir plain, ordinary, and popular sense, unless they have...subject-matter, as by the known usage of trade, or the like, aequired a peculiar sense distinct from the popular sense of the same words ; or unless the context... | |
 | Theophilus Parsons - Admiralty - 1859 - 928 pages
...no part of it, unless specifically referred to in the policy.2 But the representations and promises in it, which terms are themselves to be understood...in their plain, ordinary, and popular sense, unless th^^iave generally, in respect to the subject-matter, as by the known usage of trade, oFtho like, acquired... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1859 - 654 pages
..."two miles east of the court-house." It has been said that "the terms of every written instrument are to be understood in their plain, ordinary, and popular sense, unless they have, generally, in respect lo the subject-matter, as, by the known usages of trade, or the like, acquired a peculiar sense, distinct... | |
 | Leone Levi - Commercial law - 1863 - 572 pages
...express contract is construed according to its sense and Construction meaning, as collected in the first place from the terms used ° in it, which terms are...sense, unless they have generally in respect to the subject matter, as by the known usage of the trade, or the like, acquired a peculiar sense distinct... | |
 | Leone Levi - Commercial law - 1863 - 570 pages
...express contract is construed according to its sense and Construction meaning, as collected in the first place from the terms used in it, which terms are themselves...sense, unless they have generally in respect to the subject matter, as by the known usage of the trade, or the like, acquired a peculiar sense distinct... | |
 | Great Britain. Courts - Law reports, digests, etc - 1864 - 820 pages
...*collected, r*e-<> in the first place, from the terms used in them, which terms, are them- *selves to be understood in their plain, ordinary, and popular...in respect to the subject-matter, as by the known usages of trade, or the like, acquired a peculiar sense distinct from the popular sense of the same... | |
 | Iowa. Supreme Court - Law reports, digests, etc - 1865 - 680 pages
...ELLENBOROUGH, in Robertson v. French, 4 East, 135, and generally followed by text writers and others) " are to be understood in their plain, ordinary and popular...sense, unless they have generally, in respect to the subject matter, or by Pilmer v. The Branch of The State Bank at Des Moines. the known usage of trade,... | |
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... 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 immediate... 
