 ... 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...  Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin - Page 510by Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1876Full view - About this book
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1911 - 952 pages
...distinct from the popular sense of the same 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 be understood in some other and peculiar sense." There were no technical words used in thecard.... | |
 | Samuel Comyn - Contracts - 1807 - 646 pages
...fame words ; or unlefs the context evidently points out that they mud, in the particular inftance, and in order to effectuate the immediate intention of the parties to that contract, TJC underftood in fome other fpecial and peculiar fenfe. (a) And the general rule which our courts... | |
 | James Allan Park - Bottomry and respondentia - 1809 - 924 pages
...words s or utilefi the context evidently faints out that they mujl, in the particular inftance,and in order to effectuate the immediate intention of the parties to that contrail, be underJfotd in feme other fpccial and peculiar fenfe. The only difference between policies... | |
 | William Selwyn - Nisi prius - 1812 - 732 pages
...its 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...immediate intention of the parties to that contract, he understood in some other special and peculiar sense. The only difference betweeft policies of assurance... | |
 | Samuel March Phillipps - Evidence (Law) - 1815 - 600 pages
...known usage of trade or the like, acquired a peculiar sense distinct from the popular sense of the words; or unless the context evidently points out,...effectuate the immediate intention of the parties, be understood in some other special and peculiar sense (3). Proof of usage is not admissible to contradict... | |
 | Samuel March Phillipps - Evidence (Law) - 1816 - 746 pages
...peculiar sense distinct from the popular sense of the words ; or unless the context evidently points ojat that they must in the particular instance, and in...effectuate the immediate intention of the parties, be understood in some other special and peculiar sense (3). Proof of usage is not admissible to contradict... | |
 | James Allan Park - Bottomry and respondentia - 1817 - 848 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...contract, be understood in some other special and peculiar sense. The only difference between policies of assurance and other instruments in this respect, is,... | |
 | William Selwyn - Nisi prius - 1817 - 782 pages
...Held* that these alterations might be made by stat. 35 G. 3. c. 63. a. 13., without any new stump. «md in order to effectuate the immediate intention of...contract, be understood in some other special and peculiar sense. The only difference between policies of assurance and other instruments in this respect, is,... | |
 | William Selwyn - Civil procedure - 1820 - 830 pages
...the terms used in it, which terms are to be understood in their plain, ordinary, and popularsense, unless they have generally, in respect to the subject...must, in the particular instance, and in order to effect the immediate intention of the parties to that contract, be understood in some other special... | |
 | Sir John Comyns - Digests, etc - 1822 - 652 pages
...known usage of trade or the like, acquired a peculiar sense, distinct from the popular sense of the words ; or unless the context evidently points out,...effectuate the immediate intention of the parties, be understood in some other special and peculiar sense. 4 East, 130. 119. Expressions introduced into... | |
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