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" The true test of a commercial usage is, its having existed a sufficient length of time to have become generally known, and to warrant a presumption that contracts are made in reference to it. "
The American Decisions: Containing All the Cases of General Value and ... - Σελίδα 163
1886
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New York Term Reports of Cases Argued and Determined in the Supreme Court of ...

George Caines, New York (State). Supreme Court - 1804
...faid, to eftablifh an ufage. The true left of a commercial ufage is, its having cxiftcJ a fufficient length of time to have become generally . known, and to warrant a prefumption, that contracts are made in reference to it. This appears to be the cafe in the prefent...

A Treatise on the Law of Evidence

Samuel March Phillipps - 1816 - 692 σελίδες
...the contract, and not the owners was held, to be admissible. Halsey v. Brown and others, 8 Day 346. The true test of a commercial usage is, its having...sufficient length of time to have become generally kno\vn> and to warrant a presumption, that contracts are made in reference to it. Smith ff Stanley...

A General Abridgment and Digest of American Law: With Occasional ..., Τόμος 1

Nathan Dane - 1823
...prescription are all one; Cro. El. 3l3 : only difference, one is lornl, the other personal. Co L. 113. The true test of a commercial usage is its having existed a sufficient time to have become generally known, and to warrant a presumption that the contracts are made in reference...

A Treatise on the Law of Insurance

Wendell Phillips - 1823 - 550 σελίδες
...general, uniform, and well known. ' The true test of a usage,' says the Supreme Court of New York, ' is its having existed a sufficient length of time to have become generally known.'(3) To make a usage obligatory on the parties ' it should,' says Mr. Justice Story, 'be so well...

A Compendium of the Law of Evidence

Thomas Peake - 1824 - 642 σελίδες
...vide Henry exr. v. Riik et al. 1 Dali. Rep. 265. Л commercial usage will be considered as established a sufficient length of time to have become generally...presumption that contracts are made in reference to it. Smith et al. v. Wright, 1 Coiné»' Rep. 43. • Usage of trade generally inadmissible to shew that...

Reports of Cases Argued and Adjudged in the Supreme Court ..., Τόμος 9;Τόμος 22

United States. Supreme Court - 1824
...general principle is laid down : The true test of a commercial usage is, its having existed long enough to have become generally known, and to warrant a presumption that contracts are made in reference to it. In the case of The Bank of Utica v. Smith, (18 Johns. Rep. 230.) a note, payable at the Mechanics'...

A Practical Abridgment of American Common Law Cases Argued and ..., Τόμος 8

Jacob D. Wheeler - 1836
...contract, and hot the owners, was held to be admissible; Halsey v. Brown and others. 3 Day's Rep. 346. The true test of a commercial usage, is its having existed a sufficientjlcngth of time, to have become generally known, and to warrant a presumption that contracts...

Reports of Cases Argued and Determined in the Supreme Court: And in ..., Τόμος 6

Esek Cowen, New York (State). Supreme Court - 1837
...out according to the rule in Smith v. Wright, (1 Games, 45.) It is there observed, "the true lest of commercial usage is, its having existed a sufficient...known, and to warrant a presumption that contracts aie made in reference to il." If this view be correct, it follows, that a new trial should not be granted,...

A Treatise on the Law of Fire Insurance and Insurance on Inland Waters: In ...

Elisha Hammond - 1840 - 182 σελίδες
...they were not included in the terms hides and skins, in the memorandum articles. A commercial usage, having existed a sufficient length of time to have...presumption that contracts are made in reference to it, is evidence of the intention of the parties, and illustrative of their agreement. By Hosmer, CJ in...

The Law and Practice of Marine Insurance: Deduced from a Critical ..., Τόμος 1

John Duer - 1845
...Mech. Ins. Co., (7 Story, 607.) Note XI. In Smith v. Wright, the Supreme Court of New-York gay — " The true test of a commercial usage is, its having...sufficient length of time to have become generally known, or warrant a presumption, that contracts are made in reference to it" (1 NY Term R. 46.) self public...




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