Cheathem (Abram) v. City of Evansville, Indiana U.S. Supreme

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What was merely a claim when Coke made it, became something more in the hands of Holt a century later, for by the close of the seventeenth century the constant repetition of finding mercantile custom in each case that arose was seen to be unnecessary, and the courts began to take notice of some of the more notable mercantile customs without requiring proof of them, and this policy was finally adopted as a general practice by Lord Mansfield. 2 In this way the common law set out to rediscover principles of commercial law which were known to the Admiralty judges several generations earlier, and to fit them into its framework of historical forms—which fortunately was a little more flexible in the eighteenth than in the seventeenth century.

Pages: 38

Publisher: Gale, U.S. Supreme Court Records (October 30, 2011)

ISBN: 1270536923

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