 | William Johnson, New York (State). Supreme Court - 1865 - 516 σελίδες
...had been on the coast before. The rule is well laid *down in Smith v. Wright, that " the true test of commercial usage is, its having existed a sufficient...presumption, that contracts are made in reference to it." (1 Caines' Hep. 45.) The assured are bound to communicate to the insurers what they do not know, and... | |
 | Theophilus Parsons - 1866 - 830 σελίδες
...from the local customs of the common law in the length of time they must have existed to be valid. " The true test of a commercial usage is its having...presumption that contracts are made in reference to it." Per Curium, in Smith !'. Wright, 1 Cuines, 43. In Noble v. Kennoway, Doug. 510, where the usage established... | |
 | Francis B. Dixon - 1866 - 528 σελίδες
...requisite to the establishment of a usage. " The true test of a usage," say the Supreme Court of New York, "is its having existed a sufficient length of time to have become generally known." 1 Caines 45, 9 Wheat. 581. A usage may be local and confined to the particular place where a contract... | |
 | New York (State). Supreme Court, William Johnson - 1867 - 510 σελίδες
...v. Wright, (1 Caines's Hep. 43.) evidence of usage *was [*-ll J admitted ; and the Court say, that " the true test of a commercial usage is its having...time to have become generally known, and to warrant the presumption that contracts are made in reference to it." (Rushforth v. HaJfielJ, 1 East, 224.)... | |
 | Jeremiah Griswold - 1868 - 120 σελίδες
...notoriety as to afford any presumption of knowledge on his part, is not admissible. The true test of usage is its having existed a sufficient length of time to have become generally known. No usage of a company, not even an express agreement of the parties made previous to, or at the time... | |
 | Theophilus Parsons - 1869 - 724 σελίδες
...carry a part of their cargoes on deck. Valin, Ord. de la Marine, art. 13. That 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, see Barber v. Bruce,... | |
 | Jeremiah Griswold - 1872 - 850 σελίδες
...the meaning of words, must be by facts, such as instances of its observance. 222. The true test of usage is its having existed a sufficient length of time to have become generally known, or warrant a presumption that contracts are made in reference to it. No usage of a company, not even... | |
 | Theron Metcalf - 1874 - 404 σελίδες
...the parties obviously intended. (a) A commercial usage will be considered as established, when it has existed a sufficient length of time to have become...and to warrant a presumption that contracts are made with reference to it. No specific time can be prescribed. (b) So the ordinary and popular sense of... | |
 | 1876 - 972 σελίδες
...Tested by this rule, the replication and the proof in support of it were clearly insufficient. Again, the true test of a commercial usage is its having...presumption that contracts are made in reference to it. Smith vs. Wright, 1 Caines's NY, p. 45. In the case at bar the custom was not proved to relate to insurance... | |
 | Isaac Grant Thompson - 1876 - 842 σελίδες
...general. Toimuwiul v. Whitby, 6 Harr. (Del.) 55. But in liinxrll v. Jiyan. 23 111. 571, it was said that " the true test of a commercial usage is its having...generally known, and to warrant a presumption that contract* are made in reference to it." Also Leggat v. Sandt' Ale Co., CO III. 158; Htbler v. McCartney,... | |
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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. 
