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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... "
Reports of cases decided in: afterw. determined by the Supreme court of New ... - Page 308
by William Pugsley - 1880
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Reports of Civil and Criminal Cases Decided by the ..., Volume 35; Volume 142

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 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....
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A Treatise of the Law Relative to Contracts and Agreements Not ..., Volume 2

Samuel Comyn - 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...
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A System of the Law of Marine Insurances: With Three Chapters, on ..., Volume 1

James Allan Park - 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...
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An Abridgment of the Law of Nisi Prius ...

William Selwyn - 1812 - 732 pages
...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...immediate intention of the parties to that contract, he understood in some other special and peculiar sense. The only difference betweeft policies of assurance...
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A Treatise on the Law of Evidence

Samuel March Phillipps - 1815 - 600 pages
...peculiar sense distinct from the popular sense of the words; or unless the context evidently points out, 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...
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A System of the Law of Marine Insurances: With Three Chapters, on ..., Volume 1

James Allan Park - 1817 - 848 pages
...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...that contract, be understood in some other special and peculiar sense. The only difference between policies of assurance and other instruments in this...
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An Abridgment of the Law of Nisi Prius...

William Selwyn - 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...that contract, be understood in some other special and peculiar sense. The only difference between policies of assurance and other instruments in this...
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An Abridgment of the Law of Nisi Prius...

William Selwyn - 1820 - 830 pages
...the context evidently points out that they 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 and peculiar sense. The only difference between policies of assurance and other instruments in this...
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A Digest of the Laws of England, Volume 4

Sir John Comyns - 1822 - 652 pages
...peculiar sense, distinct from the popular sense of the words ; or unless the context evidently points out, 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. 4 East, 130. 119. Expressions introduced into...
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A Treatise on the Law of Insurance

Wendell Phillips - 1823 - 572 pages
...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...effectuate the immediate intention of the parties, be understood in some other special and peculiar sense. '(9) The principle of construing according...
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