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" In harmonizing apparently conflicting clauses of a contract they must be construed so as to give effect to the intention of the parties... "
New Sessions Cases: Trinity vacation, 1847 to Michaelmas vacation, 1849 - Page 718
by John Monson Carrow - 1849
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The Touchstone of Common Assurances: Being a Plain and Familiar ..., 1. köide

William Sheppard - 1826 - 548 lehte
...altogether disregarded ; for the nature of tbe instrument should be determined, it is conceived, according to the intention of the parties (as that intention is to be ascertained by tbe language and import of the instrument) without any regard to the stamp with which...
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Reports of Cases Argued and Determined in the Supreme Court of ..., 94. köide

Alabama. Supreme Court - 1893 - 776 lehte
...Ala. 569. But these words must be construed in connection with the other language used in the deed, so as to give effect to the intention of the parties as expressed in the instrument. — Derrick r. Brown., 66 Ala. 162. If it clearly appears from the deed,...
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New Session Cases: Containing Reports of Cases Relating to the ..., 3. köide

John Monson Carrow, J. Hamerton, T. Allen - 1849 - 780 lehte
...gained; but if I am notright upon this, I stand upon the general rule as laid down by Lord Deninan. I am glad to have had this opportunity of expressing...fact of the existence of an order — he traverses 1349. relief, and denies the chargeability and inhabitancy; and if he had intended to traverse the...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, 119. köide

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1900 - 840 lehte
...v. HOSIE.1 1. GUARANTY — How CONSTRUED— SURROUNDING CIRCUMSTANCES. A contract of guaranty should be construed so as to give effect to the intention of the parties as expressed in the instrument, read in the light of the surrounding circumstances. 2. SAME— CONTINUING...
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The Weekly Reporter

1863 - 804 lehte
...EBLE, CJ — I am of opinion that our judgment must be for the plaintiff. I think every contract ought to be construed so as to give effect to the intention of the parties; and that intention is to be gathered from the nature of the transaction as expressed in...
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Reports of Cases Argued and Determined in the Supreme Court of ..., 28. köide

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1868 - 622 lehte
...and offered to rescind and restore the consideration. D refused. Replevin by C. Held, that contracts are to be construed so as to give effect to the intention of the parties, when not inconsistent with legal rules; that the agreement between A and B and between...
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, 84. köide

Ohio. Supreme Court - 1911 - 662 lehte
...parties — Rule of interpretation. In harmonizing apparently conflicting clauses of a contract they must be construed so as to give effect to the intention of the parties as gathered from the whole instrument, and where the object to be accomplished is declared in the instrument...
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A Treatise on Bills of Exchange: Promissory Notes, Coupon Bonds ..., 2. köide

Isaac Edwards - 1882 - 560 lehte
...made in express terms by a drawer or indorser, is to be read like any other instrument ; and its terms are to be construed so as to give effect to the intention of the parties, as expressed in the language used. A stipulation by the indorser of a note to waive notice of dishonor,...
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The Pacific Reporter, 38. köide

1895 - 1168 lehte
...interpretation, is subordinate and subject to the paramount rule which requires that all such instruments shall be construed so as to give effect to the intention of the parties, as shown by the language used. Platt v. Lott, 17 NY 478; Bank v. Roche, 93 NY 374. Now, the terms used...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1884 - 740 lehte
...circumstance that the whistle was sounded, and would not otherwise have occurred at all. All statutes are to be construed so as to give effect to the intention as expressed by the words used in them, but that is not to be discovered by considering those words...
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