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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... "
A System of the Law of Marine Insurances: With Three Chapters, on Bottomry ... - Page 74
by James Allan Park - 1817 - 727 pages
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The American and English Encyclopedia of Law, Volume 11

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - Law - 1890 - 1214 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,"* But to add to the difficulty of interpretation, the same words have various meanings. POLLOCK, С....
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The American and English Encyclopedia of Law, Volume 11

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - Law - 1890 - 1210 pages
...quoting the language of LORD ELLENBOROUGH, in Robertson v. French, 4 East 137. Words in a contract "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...
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The Law of Insurance: As Applied to Fire, Life, Accident ..., Volume 1

John Wilder May - Insurance law - 1891 - 788 pages
...unambiguous, the courts will not admit parol evidence to contradict, vary, or explain them. Their terms are to be understood in their plain, ordinary, and popular...a peculiar sense, distinct from the popular sense, rendering it necessary to resort to extrinsic proof in order to determine in which sense they are used,...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 1

Washington (State). Supreme Court, Eugene Glenroy Kreider - Law reports, digests, etc - 1891 - 704 pages
...that words are generally taken in their ordinary sense, and the terms of every written instrument are to be understood in their plain, ordinary, and popular...have generally, in respect to the subject-matter, acquired a special sense. The word ' ' mortgages " has only one signification in this territory, popular...
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Digest of Fire Insurance Decisions in the Courts of the United States, Great ...

George Ansel Clement - Fire insurance - 1893 - 768 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 themselves...be understood in their plain, ordinary and popular Assured Bound by Acceptance of Policy. sense, unless they have generally, in respect to the subject...
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Lawyers' Reports Annotated, Book 24

Law reports, digests, etc - 1894 - 922 pages
...binding contract. Cummer v. ВиШ. 40 Mich. 322, 29 Am. Rep. 530. Words used in a written contract are to be understood in their plain, ordinary and popular...generally, in respect to the subject-matter, as by the know u usage of trade or the like, acquired a peculiar sense distinct from the popular sense of the...
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A Treatise on the Law of Contracts

Joseph Chitty - Contracts - 1896 - 906 pages
...used therein ; so these terms are to be understood in their plain, ordinary, and popular sense (p), unless they have, generally, in respect to the subjectmatter,...the known usage of trade or the like, — acquired a particular sense , distinct from the popular sense of the same words; or unless the context evidently...
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Reports of Cases in the Supreme Court of Appeals of Virginia

Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1896 - 730 pages
...according to its sense and meaning as collected in the first place from the terms used in it; which teims are themselves to be understood in their plain, ordinary...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...
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A Treatise on Marine, Fire, Life, Accident and All Other ..., Volume 1

Joseph Asbury Joyce - Insurance law - 1897 - 1008 pages
...declares 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...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...
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Marine Insurance: A Handbook

William Gow - Insurance law - 1897 - 434 pages
...sense and meaning, as collected in the first place from the terms used in it, which terms are assumed 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...
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