 | Benjamin Russell, M.A. - 1880 - 678 pages
...to the sense and meaning, as collected in the first place from the terms used in it, which terms are to be understood in 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 a peculiar sense, distinct from... | |
 | 1880 - 682 pages
...meaning, as collected in the first place from the terms used in it, which terms are to be undei'stood in 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 a peculiar sense, distinct from... | |
 | Charles Greenstreet Addison - Contracts - 1881 - 820 pages
...(NY) 736; Herst v. De Comeau, i Id. 590 ; Kimball v. Brawner, 47 Mo. 398 ; St. Louis Gascontract "are to be understood in their plain, ordinary and popular...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... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1882 - 764 pages
...that the policy " is to be construed according to its sense and meaning, as collected in the first place from the terms used in it, which terms are themselves...understood in their plain, ordinary and popular sense," etc. Robertson v. French, 4 East, 135. Spensley vs. The Lancashire Ina. Co. In Kenniston v. Ins. Co.,... | |
 | Law reports, digests, etc - 1883 - 980 pages
...the same question in relation to beer, might smile with equal reason. Words in contracts and laws are to be understood in their plain, ordinary, and popular sense, unless they are technical, local, or provincial, >» their meaning is modified by the usage of trade. 1 Oreenl.... | |
 | Herbert Broom, Herbert Francis Manisty, Charles Francis Cagney - Legal maxims - 1884 - 1078 pages
...insurance, viz., that it is to be construed according to its sense and meaning, as collected, in the first place, from the terms used in it, which terms are...subject-matter, — as by the known usage of trade, or (c) Plimpton v. Maleolmson, 3Ch. (<2) Clark v. Adit, 2 App. Cases, Div. 531; 45 LJ Ch. 505; Morgan... | |
 | 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 - 1885 - 688 pages
...quoted by this court with approval from Mr. Greenleaf : " The terms of every written instrument are 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... | |
 | Benjamin Russell - 1885 - 606 pages
...all written instruments, be construed " according to its sense and meaning as collected in the first place from the terms used in it, which terms are themselves to be understood in their plain ordinary popular sense, unless they have generally in respect to the subject matter, as by the known usage of... | |
 | Horace Gay Wood - Fire insurance - 1886 - 770 pages
...sense in the policy. The court refused to give this instruction, but instructed thus : " Words are to be understood in their plain, ordinary and popular sense, unless they have in respect to the subject-matter, as by the known usage of trade or the like, acquired a particular... | |
 | Law reports, digests, etc - 1887 - 972 pages
...unambiguous, parol evidence will not be admitted to contradict, vary, or to explain them. Their terms are to be understood in their plain, ordinary, and popular...the subject-matter, as by the known usage of trade, acquired a peculiar sense, distinct from the popular sense, rendering it necessary to resort to extrinsic... | |
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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... 
