| James Allan Park - 1817 - 848 páginas
...commenting on the words of the policy, it is sufficient to say, that a policy of assurance lias at all times been considered in courts of law as an absurd and incoherent instrument ; but it is founded on usage, and must be governed and construed by usage. Now it is perfectly clear,... | |
| Great Britain. Court of King's Bench, Charles Durnford - 1817 - 888 páginas
...commenting on the words of the policy, it is sufficient to say that a policy of assurance has at all times been considered in courts of law as an absurd and incoherent instrument : but it is founded on usage, and must be governed and construed by usage. Now it is perfectly clear... | |
| John Duer - 1845 - 822 páginas
...case, that the same eminent judge made the strong observations, that although a policy of assurance had always been considered in courts of law, as an absurd and incoherent instrument, yet it was founded upon usage, and must be governed and construed by usage. (b) Where a policy upon... | |
| John Bouvier - 1855 - 774 páginas
...effected by the owner of the property insured, his broker or agent. 4. As to its form, the policy has been considered in courts of law as an absurd and incoherent instrument; 4 TR 210; but courts of justice have always construed it according to the intention of the parties,... | |
| Theophilus Parsons - 1868 - 700 páginas
...commenting on the words of the policy, it is sufficient to say, that a policy of assurance has at all times been considered in courts of law as an absurd and incoherent instrument ; but it is founded on usage, and must be governed and construed by usage." See also Taunton Copper... | |
| Franklin Chamberlin - 1869 - 1004 páginas
...Brough vs. Whitmore, 4 Term Reports, 210, Buller J. says, " A policy of insurance has at all times been considered in courts of law as an absurd and incoherent instrument ; but it is founded on usage, and must be governed and construed by usage." Lord Kenyon in the same... | |
| United States. Circuit Court (2nd Circuit) - 1870 - 642 páginas
...Brough v. WMtmore, (4 TR, 206, 210,) in regard to a policy of insurance, that it " has at all times been considered, in Courts of law, as an absurd and incoherent instrument, but it is founded on usage, and must be governed and construed by usage," is as true now as it was... | |
| Jeremiah Griswold - 1872 - 850 páginas
...frequently ambiguous from making use of the same words in different senses." Justice BULLER says of it : — "It has always been considered in courts of law as an absurd and incoherent instrument." Mr. MARSHALL describes it "as extremely inaccurate and unskillfully framed." Lord MANSFIELD defines... | |
| Theron Metcalf - 1874 - 404 páginas
...ordinary meaning, and is wholly anomalous. Buller, J., says a policy of assurance has at all times been considered, in courts of law, as an absurd and incoherent instrument; but it is founded on usage, and must be governed and construed by usage. (b) In the same case, Lord... | |
| Manley Hopkins - 1884 - 684 páginas
...designates the policy as " extremely inaccurate, and unskilfully framed ; " and Mr. Justice Euller said of it that " it has always been considered in...the premium, has been received by the insurers who sign or " underwrite " it.* For this document is not like a lease or other mutual agreement to which... | |
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