A, Historic

The article “A”is not necessarily a singular term; it is often used in the sense of “any,”and is then applied to more than one individual object.

• National Union Bank v. Copeland, 141 Mass. 257. In this case, where a debtor executed an assignment for the benefit of such creditors as should execute the assignment within a given time from the date, or within such further time as the trustees should allow “in and by a writing”indorsed on the instrument, it was held that the term a writing did not limit the trustees to the allowance of only one extension of time.
• Frequently “a” is the equivalent of any, and therefore, whereby section 52, English Agricultural Holdings Act 1883 (46 & 47 Vict., c. 61), bailiffs for levying a distress on an agricultural holding are to be appointed in writing “by the judge of a county court,”that does not mean “of the county court in the district of which the holding is,”but means “of any county court;”so that a bailiff appointed by any county court judge may levy an agricultural distress anywhere. In re Sanders, 54 L. J. Q. B. 331.
• Authority to issue a bill of exchange has been construed to authorize the issuance of several Bills , the total amount not exceeding the sum specified. Thompson v. Wesleyan Newspaper Assoc, 8 C. B. 849, 65 E. C. L. 849.
• A statute abolishing entail provided that “estates shall not be entailed, and when a person dies intestate his or her estate shall be divided equally,”etc. It was held that a person was a general term, equivalent to “any person,”and therefore included equally persons who were sole tenants and persons who were cotenants. Lowe v. Brooks, 23 Ga. 327.
• “A”Sea.-After the sailing of a vessel, an agent for insurers inserted in the “live-cattle clause “of a policy issued to cover such vessel, among the dangers insured against, “any loss occasioned by «»ea.”It was held that this did not limit the insured to a loss occasioned by the force of a single wave, and that where cattle were carried between decks, and were injured by the tossing of the ship by heavy waves, it would render the insurers liable. Snowden w. Guion, 101 N. Y. 458.
• “A “Distinguished from “The “.The Definite and the Indefinite Article. In Sharff v. Com., 2 Binn. (Pa.) 514, upon an indictment for libel, the jury’s verdict was: “Guilty of writing and publishing “a” bill of scandal,”etc. The judgment on the verdict was reversed, because the defendant was not found guilty of the offense charged in the indictment.
• Tilghman, C.J., in his opinion said: “If it had said, guilty of the bill of scandal with which the defendant stands charged, or even guilty of “the” bill of scandal, without more, we should have been certain that the jury referred to the indictment; and then perhaps it might have been fairly construed ‘ guilty of the offense charged in the indictment.’ But the words are ‘ guilty of a bill of scandal.’” A bill” is very different from “the bill” .”
• In Graham v. Ewart, 25 L. J. Exch. 47, “a grant of a right” of sporting on land was held to give only a concurrent right, while “a grant of the right” was held to give an exclusive right.
• Whether Parol Evidence is Admissible to Show that “A”was used in a Definite Sense. A written contract to furnish “a room that is improved and suitable”for a certain purpose is fulfilled by furnishing such a room; and parol testimony is not admissible to show that some particular room was intended by the contracting parties. Thompson v. Stewart, 60 Iowa 223.
• Used as an Equivalent of “The.”. “A” is sometimes read as “the” ; e.g., an act done “with a view “of giving a creditor a fraudulent preference (English Bankruptcy Act 1869, § 92; and after Bankruptcy Act 1883, 46 & 47 Vict., c. 52, § 48) means with the view-the real, effectual, substantial, dominant view of giving a preference.
• “A “-Abbreviation Equivalent to “At.”. A promissory note was worded, “value received, int. a. 6% p. a.”It was held that the letter a, when thus used in a note, is known and recognized among commercial and business men as standing for the word at, Atkinson V. Barber, 145 III. 418.

Author: international

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