| Iowa. Supreme Court - Law reports, digests, etc - 1865 - 680 pages
...ELLENBOROUGH, in Robertson v. French, 4 East, 135, and generally followed by text writers and others) " are to be understood in their plain, ordinary and popular...sense, unless they have generally, in respect to the subject matter, or by Pilmer v. The Branch of The State Bank at Des Moines. the known usage of trade,... | |
| Thomas Henry James - Maritime law - 1866 - 164 pages
...liberal construction for the benefit of trade, and for the benefit of the assured. It is to be construed according to its sense and meaning, as collected in...respect to the subjectmatter, as by the known usage of the trade, or the like, acquired a peculiar sense distinct from the popular sense of the same words;... | |
| Theophilus Parsons - Consideration (Law) - 1866 - 830 pages
...other instruments, namely, that it must he construed according to its sense and meaning as colluded in the first place from the terms used in it, which...understood in their plain, ordinary, and popular sense, unies* they have generally, in respect to the subjectmatter, as by the known usage of trade, or the... | |
| Sir Joseph Arnould - Average (Maritime law) - 1866 - 598 pages
...to the 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...sense, unless they have generally, in respect to the subject matter, as- by the known usage of trade or the like, acqiiired a peculiar sense, distinct from... | |
| Francis B. Dixon - Average (Maritime law) - 1866 - 528 pages
...applies to other instruments, applies equally to this, viz : that it is to be construed according to the 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 sense, unless they have generally, in respect... | |
| Sir Joseph Arnould - Average (Maritime law) - 1866 - 592 pages
...applies to other instruments, applies equally to this, viz., that it is to be construed -according to the 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 sense, unless they have generally, in respect... | |
| United States. Supreme Court - Law reports, digests, etc - 1870 - 816 pages
...circumstances contemporaneous with the instrument* General rule is, that the terms of a contract are to be understood in their plain, ordinary, and popular sense, unless they have, in respect to the subject-matter, as by the known usage of trade, or the like, acquired a peculiar... | |
| William B. Wedgwood - Law - 1866 - 494 pages
...contradict or vary the terms of a valid written instrument. The terms of every written instrument are to be understood in their plain, ordinary, and popular sense, unless they have acquired a peculiar sense, or unless the context evidently shows that they must be understood in 8.... | |
| James Haines McCulloh - Bible - 1867 - 430 pages
...the words. And the facts atiunde material to the * Terms arc to be understood (3d Phillips, 1395,) in their plain, ordinary and popular sense, unless they have generally, in respect to the subject mailer, or by the known usage of trade, or tke like, acquired a peculiar sense distinct from... | |
| South Australia. Supreme Court, L. Pelham - Law reports, digests, etc - 1867 - 208 pages
...which is the plain, clear, and obvious result of the premises used therein, so these premises should be understood in their plain, ordinary, and popular sense, unless they have reference to the subject matter and the known usages of trade to have acquired a different meaning."... | |
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