Jewett Refrigerator Co. v. Lawless
New York Supreme Court
1Opinion of the CourtThompson, J.
So far as it affects the questions here we must determine the meaning of this lease, and in so doing the law says greater regard is to be had to the clear intent of the parties than to any particular words which they may have used in the expression of their intent. 13 C. J. 523.
To this paramount rule all others are subordinate. 6 R. C. L. 835.
“ Indeed, in giving effect to the general meaning of a writing particular words are sometimes disregarded or supplied.” 2 Willis-ton Cont. 1197, 1206, 1217.
And the question the court is seeking to answer being the meaning of the writing, at the time and…
2Cases cited22 opinions
- National Wall Paper Co. v. . SireNew York Court of Appeals · 1900
- Hankinson v. . VantineNew York Court of Appeals · 1897
- Rice v. . CulverNew York Court of Appeals · 1902
- Church E. Gates & Co. v. National Fair & Exposition Ass'nNew York Court of Appeals · 1919
- Schmalz v. . MeadNew York Court of Appeals · 1891
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3Cited by3 opinions
- Eisenson Electric Service Co. v. WienNew York Supreme Court · 1961
- Coppola v. StrokerAppellate Division of the Supreme Court of the State of New York · 1997
- C. Wilson's Plumbing Shop On Wheels, Inc. v. Trustees of Dartmouth CollegeNew York Supreme Court · 1938