...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...

...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...

...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...

...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...

...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...

...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'...

...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...

...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,...

...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...

...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...