 | New York (State). Supreme Court, William Johnson - 1846 - 690 Seiten
...contra, debent iiwereire. Co Litt. 36, la). A liberal construction shall be given to written instruments so as to uphold them if possible, and carry into effect the intention of the parties. Bro. Max. 237-249, supra, 70, 71, n. (a). In Ludlow v. JS'Crea, 1 Wend. 228, 231, Sutherland, J. says,... | |
 | Herbert Broom - 1852 - 616 Seiten
...DEBENT INSERVIRE. (Co. Litt. 36, a.) A liberal construction iha.ll be put upon written instruments, so as to uphold them, if possible, and carry into effect the intentions of the parties. The two rules of most general application in construing a written instrument... | |
 | Hiram Denio - 1859 - 652 Seiten
...demand and notice. It is a maxim that a liberal construction shall be put upon written instruments, so as to uphold them, if possible, and carry into effect the intention of the parties ; and it is essential to consider the subject matter of the agreement, in affixing a meaning to its... | |
 | Alexander Mansfield Burrill - 1859 - 736 Seiten
...Litt. 36 a. Broom's Max. 237, [413.J A liberal construction shall be put upon written instruments, so as to uphold them, if possible, and carry into effect the intentions of the parties. Id. ibid. This celebrated maxim, one of the oldest in the law, and still... | |
 | Herbert Broom - 1874 - 880 Seiten
...DEBENT INSERVIRE. (Co. Litt. 36 a.) A liberal construction should be put upon written instruments, so as to uphold them, if possible, and carry into effect the intention of the parties. The two rules of most general application in construing a written instrument are — 1st, that it shall,... | |
 | Henry Edward Wallace - 1883 - 640 Seiten
...laieorum,ut res magi« valeat quam pereat — a liberal construction is to be put upon written instruments, so as to uphold them if possible, and carry into effect the intention of the parties. The judgment was entered upon a warrant of attorney executed by the defendants, which recited that... | |
 | 1895 - 1162 Seiten
...fundamental maxim of the law, It is said: "A liberal construction should be placed upon written Instruments, so as to uphold them, if possible, and carry into effect the Intention of the parties." Applying the reason and the principle as Laid down by the authorities cited, and guided by the rule... | |
 | 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 - 1887 - 682 Seiten
...translating a fundamental maxim, says : "A liberal construction should be put upon written instruments, so as to uphold them, if possible, and carry into effect the intention of the parties." Broom Max., star p. 540. Another author says : " The law, fortunately, is far from being strict in... | |
 | William Taylor Hughes - 1893 - 446 Seiten
...intentioni non e contra debent inservire; "A liberal construction should be put upon written instruments, so as to uphold them, if possible, and carry into effect the intentions of the parties,"Bro. Max.540; Crooker v. Holmes; lt res magis valeat, quam pereat; Mmia... | |
 | Abraham Clark Freeman - 1896 - 1072 Seiten
...fundamental maxim of the law, it is said: "A liberal construction should be placed upon written instruments, so as to uphold them, if possible, and carry into effect the intention of the parties." Applying the reason and principle, as laid down by the authorities cited, and guided by the rule of... | |
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A liberal construction should be placed upon written Instruments, so as to uphold them, if possible, and carry into effect the Intention of the parties. 
