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" 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... "
A Digest of the Laws of England - Page 96
by Sir John Comyns - 1822
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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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An Abridgment of the Law of Nisi Prius ...

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

Samuel March Phillipps - 1815 - 600 pages
...terms of a policy are to be understood in their plain, ordinary, and proper sense, unless they have generally, in respect to the subject-matter, as by...understood in some other special and peculiar sense (3). Proof of usage is not admissible to contradict the plain unequivocal language of a policy ; and...
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A Treatise on the Law of Evidence

Samuel March Phillipps - 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...understood in some other special and peculiar sense (3). Proof of usage is not admissible to contradict the plain unequivocal language of a policy ; and...
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A System of the Law of Marine Insurances: With Three Chapters, on ..., Volume 1

James Allan Park - 1817 - 848 pages
...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...effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense. The only difference between...
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An Abridgment of the Law of Nisi Prius...

William Selwyn - 1817 - 776 pages
...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, y Lunl Ellei)borough C. J- delivering the judgment of the court iii Robertson T. Flt'lldl, 4 I .1-1,...
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An Abridgment of the Law of Nisi Prius...

William Selwyn - 1820 - 830 pages
...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...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...
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A Treatise on the Law of Insurance

Wendell Phillips - 1823 - 572 pages
...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...understood in some other special and peculiar sense. '(9) The principle of construing according to the intention, applies to other instruments as well as...
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The Law of Contracts and Promises Upon Various Subjects and with Particular ...

Samuel Comyn - 1824 - 680 pages
...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...effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense. (a) So, with regard to mercantile...
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Reports of Cases Argued and Determined in the Court of ..., Part 150, Volume 5

Great Britain. Court of King's Bench - 1825 - 862 pages
...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...understood in some other special and peculiar sense. It («) Cowp. 601. (b) 3 M. and S. 456. (c) 4 East, 130. CASES IN THE KING S BENCH, appears from this...
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