 | Sir Joseph Arnould - Average (Maritime law) - 1866 - 592 pages
...underwriters never paid for boats outside the ship slung upon the quarters, on the ground that, though " usage may be admissible to explain what is doubtful, it is never admissible to contradict what is plain." * It should be observed, however, that in this case it had been proved on the part of the plaintiffs... | |
 | Sir Joseph Arnould - Average (Maritime law) - 1866 - 598 pages
...underwriters never paid for boats outside the ship slung upon the quarters, on the ground that, though " usage may be admissible to explain what is doubtful, it is never admissible to contradict what is plain."1 It should be observed, however, that in this case it had been proved on the part of the plaintiffs... | |
 | Great Britain. Court of King's Bench, Thomas Flower Ellis, Great Britain. Court of Queen's Bench, Francis Ellis - Law reports, digests, etc - 1867 - 802 pages
...say that it is not upon all the furniture and apparel, but upon part only, excluding the boat. Usage may be admissible to explain what is doubtful ; it is never admissible to contradict what is plain." In the present contract "the work done" must mean "all the work done," just as, in that case, " boat"... | |
 | Great Britain. Court of King's Bench, Thomas Flower Ellis, Great Britain. Court of Queen's Bench, Francis Ellis - Law reports, digests, etc - 1867 - 796 pages
...say that it is not upon all the furniture and apparel, but upon part only, excluding the boat. Usage may be admissible to explain what is doubtful; it is never admissible to contradict what is plain." In the present contract "the work done" must mean " all the work done," just as, in that case, " boat"... | |
 | Jeremiah Griswold - Fire insurance claims - 1868 - 120 pages
...all fixtures and machinery necessary to the process of starch making. Must be conformable to law and applicable to fire insurance. It may be admissible...an express contract for a valuable consideration. In ambiguous portions of the insurance contract, usage is sometimes permitted to control as to the... | |
 | Punjab (India) - Civil law - 1869 - 838 pages
...admissible to diet the terms of the written contract between the parties. "Usage" says Lord Lyndhurst, "may be admissible to explain what is doubtful, it is never admissible to contradict what is plain." — ( Broom? » Commentaries on the Common Law, p, 510. ) Hence in an action on a warranty for the... | |
 | Joseph Goodeve - Evidence (Law) - 1871 - 914 pages
...that it is not upon furniture and apparel generally, but upon part only, excluding the boat. Usage may be admissible to explain what is doubtful; it is never admissible to contradict what is plain." It has been questioned in modern times, and by very high Suggested authority, whether the relaxation... | |
 | United States. Supreme Court - Law reports, digests, etc - 1871 - 726 pages
...implication contradicts it, it cannot be received in evidence to affect it.* Usage, says Lord Lyndhurst, " may be admissible to explain what is doubtful; it is never admissible Opinion of the court. to contradict what is plain."* And it is well settled that usage cannot be allowed... | |
 | Great Britain. Courts - Law reports, digests, etc - 1872 - 514 pages
...say that it is not upon all the furniture and apparel, but upon part only, excluding the boat. Usage may be admissible to explain what is doubtful ; it is never admissible to contradict what is plain." In the present contract "the work done" must mean "all the work done," just as, in that case, "boat"... | |
 | Great Britain. Courts - Law reports, digests, etc - 1872 - 672 pages
...down in Blackett v. Royal Exchange Assurance Company, 2 C. & J. 244, 249,f by Lord Lyndhurst: " Usage may be admissible to explain what is doubtful, it is never admissible to contra*7nsi ( ^ c *' * wna ' ; ' ia plain." If the custom be admissible to show that •^ used in a... | |
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usage may be admissible to explain what is doubtful; it is never admissible to contradict what is plain. 
