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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 Argued and Determined in the Superior Court of the City of ... - Side 252
av New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - 1874
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Reports of Cases in the Supreme Court of Appeals of Virginia, Volum 82

Virginia. Supreme Court of Appeals - 1888 - 1110 sider
...used, and so to explain their ambiguity; or unless the context evidently points out that they must, in the particular instance, and in order to effectuate the immediate intention of the parties, be understood in some special and peculiar sense. Lord Ellenborough, in Robertson v. French, 4 East....
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Rules for the Interpretation of Deeds: With a Glossary

Sir Howard Warburton Elphinstone, Robert Frederick Norton, James William Clark - 1889 - 746 sider
...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 intention of the parties to that contract, be understood in some other special and peculiar sense; " per Lord Ellenborougb,...
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The American and English Encyclopedia of Law, Volum 11

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1890 - 1210 sider
...peculiar sense distinct from the popular sense of the same words; or unless the context evidentlypoints out, that, in the particular instance and in order...effectuate the immediate intention of the parties they must be understood in some other and peculiar sense.' Greenl. Ev., § 278; Burnham v Banks, 45 Mo....
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The Law of Insurance: As Applied to Fire, Life, Accident, Guarantee ..., Volum 1

John Wilder May - 1891 - 788 sider
...used, and so to explain their ambiguity, or unless the context evidently points out that they must, in the particular instance, and in order to effectuate the immediate intention of the parties, be understood in some special and peculiar sense.1 § 174. The Contract -will be construed liberally...
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A Treatise on the Admissibility of Parol Evidence in Respect to Written ...

Irving Browne - 1893 - 608 sider
...words, or unless the context points out that in the particular instance, and in order to effectuate the intention of the parties, they should be understood...understood in their plain, ordinary and popular sense. * * * The word ' epidemics ' in the permit is not shown to have been used in the peculiarly medical...
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Digest of Fire Insurance Decisions in the Courts of the United States, Great ...

George Ansel Clement - 1893 - 768 sider
...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 intention of the parties to that contract, be understood in some other special and peculiar sense.' " * Hart v. Standard Ins....
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Lawyers' Reports Annotated, Bok 24

1894 - 922 sider
...peculiar sense distinct from the popular sense of the same words; or unless the contract evidently points out that, in the particular instance, and in...effectuate the immediate intention of the parties, it should be understood in some other and particular sense. 2 Green). Ev. g 278. The profits which...
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A Treatise on the Law of Charter-parties

Eugene Leggett - 1894 - 788 sider
...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 intention of the parties to that contract, be understood in some other special and peculiar sense." These principles were cited...
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A Treatise on the Law of Contracts

Joseph Chitty - 1896 - 904 sider
...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 intention of the parties to that contract, be understood in some other special sense (q). And the same rule has been thus stated...
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Marine Insurance: A Handbook

William Gow - 1897 - 434 sider
...distinct from the popular sense of the same words, or unless the context evidently points that they must in the particular instance, and in order to effectuate the immediate intention of the parties, be understood in some special and peculiar sense." From this it is evident that while indemnity is...
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