| Illinois. Supreme Court - 1874 - 648 páginas
...if he did so, the insurance should cease. The condition is plain, and we must interpret the contract according to the intention of the parties, to be gathered from the language employed. Section fifteen of the charter of the company, which was printed on the back of the policy,... | |
| Illinois. Supreme Court - 1914 - 718 páginas
...111. 430; Harding v. Glyn, I Atk. 469.) In cases of this kind the powers or trusts should be construed according to the intention of the parties to be gathered from the whole instrument, (1 Perry on Trusts, — 6th ed. — sec. 248.) So construed, we think the trustee,... | |
| Jairus Ware Perry - 1882 - 744 páginas
...ought rather to be called trusts than powers.1 In all cases these powers or trusts must be construed according to the intention of the parties, to be gathered from the whole instrument.2 § 249. In all cases where parties have an imperative power or discretion given... | |
| Isaac Grant Thompson - 1883 - 890 páginas
...insufficient for the purpose. Courts must construe written contracts Sweeney v. Thouiason. accord ng to the intention of the parties to be gathered from...usage and custom in question had become so general and well-established as to afford a presumption that it was known to the defendant, and the contract entered... | |
| Horace Gay Wood - 1885 - 756 páginas
...n. SEC. 33. Construction of Conditions. — Conditions annexed to a subscription will be construed according to the intention of the parties, — to be gathered from the subscription as applied to the subject matter to which it relates. Thus, in a Vermont case1 a subscription... | |
| 1895 - 1154 páginas
...Eng. Ene. Law, 882, 887,888. 3. In all cases, as has been held, power« or trusts must be construed according to the Intention of the parties, to be gathered from the whole instrument. 1 Perry, Trusts, | 248; Kerr v. Verner, 66 Pa. St 326; Gulon v. Pickett 42 Miss.... | |
| Horace Gay Wood - 1888 - 858 páginas
...Construction of covenants.— It is a uniform rule, that all covenants must be construed as nearly as possible according to the intention of the parties, to be gathered from the whole context of the lease, and according to the reasonable sense of the words used ; ' and where it... | |
| Augustus Parlett Lloyd - 1888 - 740 páginas
...independently of the phraseology of the lease.3 Covenants may be construed as dependent or independent, according to the intention of the parties, to be gathered from the lease. The form of a covenant, or the manner in which the stipulations are to be performed by either... | |
| Christopher Gustavus Tiedeman - 1897 - 800 páginas
...parties. The same words may be construed as an agreement to convey, or as operating an actual conveyance according to the intention of the parties to be gathered from the context. Beecher v. Hicks, 7 Lea, 211 ; Games v. Apperson, 2 Sneed, 562 ; Topp v. White, 12 Heis. 165,... | |
| Abraham Clark Freeman - 1897 - 1064 páginas
...Ency. of Law, 882, 887, 888. 3. In all cases, as has been held, powers or trusts must he construed according to the intention of the parties, to be gathered from the whole instrument: 1 Perry on Trusts, sec. 248;. Kerr v. Verner, 66 Pa. St. 326; Guion v. Pickett, 42... | |
| |