| n. | 1. | |
| 1. | The act of using; mode of using or treating; treatment; conduct with respect to a person or a thing; | |
| 2. | Manners; conduct; behavior. | |
| 3. | Long-continued practice; customary mode of procedure; custom; habitual use; method. | |
| 4. | Customary use or employment, as of a word or phrase in a particular sense or signification. | |
| 5. | Experience. |
| Noun | 1. | usage - the act of using; "he warned against the use of narcotic drugs"; "skilled in the utilization of computers" |
| 2. | usage - accepted or habitual practice |
USAGE. Long and uniform practice. In its most extensive meaning this term
includes custom and prescription, though it differs from them in a narrower
sense, it is applied to the habits, modes, and course of dealing which are
observed in trade generally, as to all mercantile transactions, or to some
particular branches of trade.
2. Usage of trade does not require to be immemorial to establish it; if
it be known, certain, uniform, reasonable, and not contrary to law, it is
sufficient. But evidence of a few instances that such a thing has been done
does not establish a usage. 3 Watts, 178; 3 Wash. C. C. R. 150; 1 Gallis.
443; 5 Binn. 287; 9 Pick. 426; 4 B. & Ald. 210; 7 Pet. 1; 2 Wash. C. C. R.
7.
3. The usages of trade afford ground upon which a proper construction
may be given to contracts. By their aid the indeterminate intention of
parties and the nature and extent of their contracts arising from mere
implications or presumptions, and act of an equivocal character may be
ascertained; and the meaning of words and doubtful expressions may become
known. 2 Mete. 65; 2 Sumn. 569; 2 G. & J. 136; 13 Pick. 182; Story on Ag.
Sec. 77; 2 Kent, Com. 662, 3d ed.; 5 Wheat. 326; 2 Car. & P. 525; 3 B. &
Ald. 728; Park. on Ins. 30; 1 Marsh. Ins. 186, n. 20; 1 Caines, 45 Gilp.
356, 486; 1 Edw. Ch. R. 146; 1 N. & M. 519; 15 Mass. 433; 1 Rill, R. 270;
Wright, R. 573; Pet. C. C. R. 230; 5 Hamm. 436 6 Pet. 715; 2 Pet. 148; 6
Porter, 123 1 Hall, 612; 9 Mass. 155; 9 Wheat. 582 11 Wheat. 430; 1 Pet. 25,
89.
4. Courts will not readily adopt these usages, because they are not
unfrequently founded in mistake. 2 Sumn. 377. See 3 Chitt. Pr. 55; Story,
Confl. of Laws, Sec. 270; 1 Dall. 178; Vaugh. 169, 383; Bouv. Inst. Index,
h.t.
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