  A Abandonment, remedies of landlord for, 279 Abatement, definition of, 295 Acceptance definition of, 15 of draft, 133 Acceptor of negotiable instruments, 122 rights and liabilities of, 123 Acquisition of personal property, 179 Act of bankruptcy, 35 Act of God as affecting carriers, 225 Ademption, definition of, 295 Administrative law, definition of, 13 Advancement, definition of, 295 Adverse interest, 40 Agencies, irrevocable, 72 Agency contracts within Statute of Frauds, 41 contracts which must be in writing, 41 definition of, 39 general, 43 purposes for which created, 42 ratification of, 42 special, 43 universal, 43 Agents apparent authority of, 50 how appointed, 41 authority of, 43 to collect, 52 to warrant, 53 of corporations, 107 definition of, 39 delegation of authority by, 51 distinguished from master and servant, 39 duties of, to principal, 46 general, 43 principal to pay, 44 risks assumed by, 44 secret instructions of, 50 universal, 43 value of services, 44 who may be, 40 Anomalous indorser, 130 Appeal from one court to another, 298 Assessments of corporations, 104 not included in taxes, 271 Assignment of contract, 31 of insurance, 167 of lease, 269 notice of, 274 oral, 274 Assignability distinguished from negotiability, 113 Attestation of deeds, 245 of will, 291 Attornment, definition of, 274 Auctioneer, 55 B Baggage what constitutes, 234 duty of innkeeper to receive, 236 sample cases, 234 Bailee definition of, 205 liability of, 212 lien of, 212 right of possession of, 212 right of, against third persons, 212 right of, to use property, 212 right of, against bailor, 212 Bailment classification of, 206 definition of, 205 distinguished from sale, 182 parties to, 205 for sole benefit of bailee, 208 for sole benefit of bailor, 207 what constitutes a, 206 Bailor bailments for sole benefit of, 207 definition of, 205 Banks checks on, 153 of circulation, 151 classified, 151 clearing houses, 157 definition of, 151 of deposit, 151 deposits in, 152 discount, 158 of discount, 151 exchange, 158 functions of, 152 interest, 158 loans of, 154 money, 157 pass books of, 153 powers of, 152 private, 151 rights of, in case of forged, altered, lost, or stolen checks, 154 savings, 156 state, 151 trust companies, 156 usury, 160 Bankruptcy acts of, 35 definition of, 35 involuntary, 35 revokes agency, 59 voluntary, 35 Barter, distinguished from sale, 181 Bearer, negotiable instrument payable to, 112 Beneficiary of trust, 266, 269 Bequeath, definition of, 287 Bilateral contract, definition of, 19 Bill of exchange, definition of, 116 Bill of lading definition of, 227 negotiability of, 227 valuation, 226 Blank indorsement, 124 Boarding housekeeper not an innkeeper, 235 Bona fide holder of negotiable instrument, 135 Bonds coupon, 118 definition of, 118 form of, 118 registered, 118 Breach of contract, 280 Brokers definition of, 55 insurance, 55 stock, 55 real estate, 57 By-laws of corporations, 103 C Capital of national banks, 293 Capital stock of corporations, 103 decreasing, 105 increasing, 105 Capitalization of corporations, 103 Carrier Act of God, 225 charges of, 230 common, 223 defined, 223 delivery of goods by, 229 delivery of goods to, 193 discrimination by, 230 of goods, 223 implied liability of, 224 interstate commerce act, 231 liability as insurer, 223 lien of, 230 limiting liability, 225 of mail, 230 negligence of shipper, 225 private, 223 public enemy, 225 stoppage in transitu, 229 title to goods in possession of, 227 Carrier of passengers baggage, 233 definition of, 232 degree of care required of, 233 right to eject passengers, 233 rights and liabilities of, 233 Casualty insurance, definition of, 166 Caveat Emptor, rule of, in sales, 188 Certificate of protest, 136 Certificates of deposit, 121 Certificates of stock, 101 Certification of checks, 118 Cestui que trust definition of, 265 rights and liabilities of, 269 Charter of corporations, 92 Chattel mortgage, 1 definition of, 247 distinguished from pledge, 218 distinguished from sale, 218 filing and recording, 220 form of, 250 mortgagee, 218 mortgagor, 218 parties to, defined, 218 possession of property, 218 redemption, 221 rights of mortgagee, 221 rights of mortgagor, 220 as security for a debt, 219 title in mortgagee, 218 Chattel real, definition of, 274 Chattels definition of, 128 personal, 128 real, 128 Checks on banks, 153 certification of, 118 definition of, 117 when returned, 153 Child may be agent, 40 Choses Circulation, banks of, 151 Clearing houses, 157 Codicil, definition of, 294 Cognovit promissory notes, 120 Collateral promissory note, 120 Collateral securities, definition of, 283 Combination of capital distinguished from trusts, 265 Commercial law, definition of, 13 Compensation of agent, 44 Conditional sale, definition of, 181 Conflict of laws in contracts, 30 Consideration adequate, 17 in contracts of suretyship, 173 definition of, 17 good, 17 illegal, 17 in negotiable instruments, 132 past, 17 to trust agreement, 321 valuable, 17 Consolidation of corporations, 98 Constitution definition of, 12 English, 12 limitation of, 95 Constructive trusts, definition of, 268 Continuing guaranty, definition of, 175 Contract acceptance to, 15 as affected by duress, 28 as affected by frauds, 28 as affected by mistake, 29 agreement in, 15 assignment of, 31 bilateral, 19 breach of, 34 competent parties, 16 consideration to, 17 definition of, 14 dependent covenants in, 34 discharge of, 33 of drunkards, 22 elements of, 15 executed, 19 executory, 19 express, definition of, 18 forms of, 38 of idiots, 22 illegal, 27 implied, 18 independent covenants in, 34 of infants, 20 of insane persons, 22 of married women, 22 mutuality in, 19 offer to, 15 parties to, 16 of partnership, 77 remedies for breach of, 36 rescission of, 34 signing of, by corporation, 108 specific performance of, 37 statu quo in, 34 Sunday, 27 trust created by, 266 under seal, 27 unilateral, 19 voidable, 20 warranty in, 34 will not a contract, 288 Corporation act through agents, 39 by-laws of, 103 calls and assessments of, 104 capitalization of, 103 certificates of stock of, 101 common stock of, 105 consolidation of, 98 creation of, 92 de facto, 96 definition of, 90 directors of, 102 dissolution of, 111 distinguished from partnership, 90 dividends of, 106 estoppel of, 95 foreign, 110 franchise of, 90 kinds of, 94 meetings and elections of, 99 names of, 93 nature of, 90 object of, 90 officers and agents of, 107 organization of, 92 powers of, 91 preferred stock of, 105 promoters of, 96 regulation of, 103 reorganization of, 197 resolution of, 103 revocation of franchise of, 91 stockholders of, 100 ultra vires acts of, 109 voting at meetings of, 99 watered stock, 105 Counterclaim good against assignee, 274 Coupon bonds, 118 Courts appeal from one court to another, 298 classification of, 296 definition of, 296 reports, 12 Covenants in deeds, 245 dependent, 34 express, 273 implied, 273 independent, 34 of leases, 273 Creditor to suretyship contract, 169 Credits, definition of, 154 Crime, agency to commit, 42 Crimes of corporations, 185 Criminal, 13 Cumulative voting at corporate meetings, 99 Custom as part of contract, 22 D Damages, definition of, 13 Death of partner, 87 revokes agency, 59 Debts of another, 169 secured by chattel mortgage, 219 secured by mortgage, 257 transfer of, 261 Deeds acknowledgment of, 246 conclusion of, 245 covenants in, 245 definition of, 243 description of property in, 244 formal parts of, 243 habendum clause, 245 indentures, 243 as mortgages, 256 premises of, 244 quit claim, 246 redendum clause, 245 signature of, 245 trust created by, 266 warranties in, 245 witnesses to, 245 De facto corporation, 96 Defenses, 132 Del credere agency, 56 Delivery in escrow, 258 of mortgages, 258 of personal property sold, 184 Deposit indorsement for, 129 banks of, 151 Devise, definition of, 287 Devisor, definition of, 287 Discharge of contract by bankruptcy, 35 by breach, 34 by performance, 33 by subsequent agreement, 34 by tender, 33 Discount, definition of, 158 Dishonor, notice of, in negotiable instruments, 36 Dissolution of partnership, 87 Distress, definition of, 273 Distribution of assets of partnership, 88 Dividends of corporations, 106 Divisions of law, 12 Domestic exchange, 158 Dower estates definition of, 31 cannot be taken away by will, 288 Draft definition of, 116 presentment and acceptance of, 133 Drawee of negotiable instrument, 122 Drunkard contracts of, 22 cannot enter into partnership, 78 Duration of estates, 239 Duress as affecting wills, 289 as defense to payment of negotiable instrument, 131 as defense to suretyship contract, 176 definition of, 28 Duties of agent to principal, 46 of partners to each other, 84 of partners to third persons, 85 of principal to agent, 44 E Election of corporations, 99 Elements of a contract, 15 Emblements, definition of, 236 Enemy, public, as affecting carrier, 225 Equity definition of, 37 of redemption in chattel mortgages, 221 of redemption in real estate, 263 Estate, trust, 265 Estates in land, 239 Estoppel, of corporation from denying existence, 95 partnerships by, 77 Exchange barter, 181 definition of, 158 of goods not a sale, 181 Executed contract, definition of, 19 Execution of contracts of corporations, 108 definition of, 300 of leases, 273 of negotiable instruments, 108 Executory contract, definition of, 19 Exempt property, 206 Express contract, definition of, 18 Express trusts, definition of, 266 F F. O. B., definition of, 227 Factors, definition of, 54 Federal court, 297 Fee simple estates, definition of, 239 Females, legal age of, 16 Fictitious name of partnership, 79 Fidelity insurance, definition of, 169 Foreclosure of chattel mortgages, 222 Foreclosure of mortgages, 264 Foreign corporation, 110 Foreign exchange, 158 Forfeiture of leases, 279 Forgery of negotiable instruments, 130 ratification of, 42 Forms of bond, 119 of certificates of deposit, 121 of certificates of protest, 136 of certificates of stock, 101 of cognovit note, 120 of collateral note, 120 of contract, 38 of judgment note, 120 of partnership agreement, 89 of will, 296 Franchise of corporation, 90 Fraud defense, of in suretyship, 176 definition of, 28 effect of, upon lease, 277 effect of, on sale, 188 renders contract voidable, 28 Freehold estates, definition of, 239 G Gambling contracts void, 28 Gift of personal property, 179 Government warehouses, 209 Grace, days of, 134 Guarantor contract of, 171 notices to, 175 Guaranty continuing, 175 general, 175 letter of, 175 limited, 175 special, 175 Guests, duty of innkeeper to receive, 235 H Habendum clause in deed, 245 Hereditaments, 236 Highways, how established, 238 Holder in due course of negotiable instrument, 135 Holographic wills, 293 Homestead estates, 241 Hotelkeeper (see Innkeeper), 235 I Idiot contracts of, 22 cannot enter into partnership, 78 cannot be a principal, 40 relation to contract, 16 Illegal acts cannot be ratified, 42 Illegal agencies void, 42 Illegal consideration, 17 Illegal contracts, 27 Implied contract, definition of, 18 Implied contract of bailment, 206 Implied trusts, definition of, 267 Implied warranty, definition of, 189 Indemnity in suretyship, 178 Indorser anomalous, 130 blank, 124 for collection, 129 contract of, in suretyship, 172 for deposit, 129 in full, 126 irregular, 172 liability of, 130 without recourse, 128 Infant may be agent, 40 contracts of, 20 definition of, 40 may be partner, 78 cannot be principal, 40 may be trustee, 265 Infringement of trade mark, 283 Innkeeper definition of, 235 duties and liabilities of, 235 lien of, 236 Innocent purchaser for value without notice, 135 Insane person may be agent, 40 Insane person to contract, 16 Insane person cannot be partner, 78 Insolvency of purchaser, 193 Insurable interest, definition of, 162 Insurance assignment of, 167 broker, 55 contract, 160 definition of, 160 fidelity and casualty, 166 kinds of, 162 life policies, 165 marine policies, 165 open policy, 168 representations in contracts of, 164 standard policies, 166 suicide clauses in policy of, 166 term policies, 165 tontine policies, 165 underwriter's, 161 valued policy, 168 warranties in contracts of, 173 who must pay on leased premises, 271 Interstate commerce act, 231 Involuntary bankruptcy, 35 Irrevocable agencies, 59 J Joint liability of parties, 32 Judgment definition of, 300 promissory note, 120 Justice of peace court, definition of, 299 L Landlord and tenant attornment, 274 definition of, 269 implied warranty, 270 lease, 269 notice, 279 rent, 272 taxes, repairs, and insurance, 271 Law administrative, 13 commercial, 13 constitutional, 12 criminal, 13 definition of, 11 division of, 12 private, 13 public, 13 sources of, 12 statute, 12 unwritten, 12 written, 12 Law merchant, 113 Leases acknowledgment of, 273 assignment of, 269 covenants of, 273 definition of, 269 forfeiture of, 279 form of, 273 recording, 273 signing, 273 termination of, 279 transfer of, 274 witnessing, 273 Legatee, definition of, 287 Lessee, definition of, 269 Lessor, definition of, 269 Liabilities of agent and principal, 46 of agent to third person, 47 of partners to each other, 84 of principal to agent, 44 of undisclosed principal, 48 Lien of bailee, 212 of carrier, 230 at common law, 212 how enforced, 212 of innkeeper, 236 seller's, 193 Life estates, 240 Life policies of insurance, 165 Limited partnership, 89 Loans, definition of, 154 Lost wills, how proven, 294 M Magistrate, court of, definition of, 299 Males, legal age of, 16 Marine insurance, definition of, 165 Married women, contracts of, 22 Membership, changes of, in partnership, 86 Mercantile agencies, definition of, 154 Minds, meeting of, 15 Mistake of fact, 29 Mistake of law, 29 Money, definition of, 157 Mortgagee, definition of, 218, 256 Mortgages debt secured by, 257 deeds as, 256 definition of, 255 delivery of, 258 elements of, 258 equity of redemption, 263 foreclosure of, 264 parties to, 256 of personal property, 218 recording, 260 satisfaction of, 262 transfer of, 261 Mortgagor definition of, 256 rights of, 220 Mutuality in contracts, 19 N National banks capital of, 155 how created, 155 U. S. corporation, 92 Necessaries, definition of, 20 Negligence gross, 210 liability of agent for, 46 ordinary, 210 of shipper, 225 slight, 210 Negotiable instruments bona fide holder of, 135 definition of, 112 forgery of, 130 origin of, 112 parties to, 122 presentment and acceptance, 133 presentment for payment of, 135 promissory notes, 114 purpose of, 112 requisites of, 122 signing, by corporations, 108 Negotiability of bill of lading, 227 definition of, 112 distinguished from assignability, 113 Note cognovit, 120 collateral, 120 definition of, 114 judgment, 120 Nuncupative wills, 293 O Open insurance, 168 Oral assignment of leases, 274 Oral contract, 41 Organization of corporation, 92 Ostensible partner, definition of, 79 P Partners agreement of, 81 definition of, 77 distribution of assets of, 88 duties of, to each other, 84 kinds of, 79 powers of, 82 property of, 82 survivorship of, 87 withdrawal of, 86 Partnership, 77-90 Pass book of banks, 153 Pawnbrokers, 55 Payee of negotiable instrument, 122 Partial assignments, 274 Perpetual succession of corporation, 91 Perpetuities, rule against, 239 Personal property definition of, 178 mortgages of, 218 possession of, 179 sale of, 179 title to, 179 transfer of, 179 Pledgee, definition of, 214 Pledges, definition of, 213 Pledgor, definition of, 214 Preferred stock, 105 Principal, definition of, 39 Q Quit claim deed, definition of, 246 Quorum at corporate meetings, 99 R Real property, definition of, 236 Redemption equity of, in real estate mortgage, 263 mortgagor's right of, in chattel mortgage, 221 of pledged property, 217 Redendum clause in deed, 245 Registration of corporation, 103 Registration of trade marks, 286 Reinsurance, definition of, 167 Remainder, estates in, 212 Rent action by landlord to recover, 281 definition of, 272 when payable, 272 Reorganization of corporation, 97 Rescission of contract, definition of, 34 of sale by reason of fraud, 188 Revocation of agency, 58 Revocation of offer, 25 Revocation of wills, 294 Rights, definition of, 11 S Sale caveat emptor, 188 definition of, 179 distinguished from bailment, 182 implied warranty, 190 of pledged property, 214 of trade mark, 283 Savings banks definition of, 156 deposits in, 152 pass books of, 153 Seal contract under, 27 definition of, 27 private, 27 use of, by corporation, 108 Signature of agent to written instruments, 53 to deeds, 245 to a will, 291 Silent partner, definition of, 79 Spoliated wills, how proven, 294 Statu quo, definition of, 35 Statute of Frauds as affecting contracts, 23 agency contracts within, 41 as applied to leases, 273 contracts of suretyship within, 174 partnership contracts within, 78 in sales, 183 Statutes, definition of, 12 Stock common, 105 increasing and decreasing, 105 preferred, 105 watered, 105 Stockholders of a corporation, 102 Stoppage in transitu, 193, 229 Storage companies, 209 Subagents, 51 Subletting, 272 Subrogation in suretyship, 177 Sufferance estates at, 242 leases at, 277 Sunday contracts illegal, 27 Surety contract of, 170 Surety companies, 177 Suretyship, 169-178 Survivorship in partnership, 87 T Taxes, 271 Tearing wills, 294 Telegraph, contracts by, 25 Tenancies at sufferance, 277 from year to year, 278 for years, 275 at will, 277 Tenant, definition of, 269 Tender, definition of, 33 Tenements, definition of, 236 Testament, definition of, 287 Testator, definition of, 287 Third persons contracts for benefit of, 21 property held for benefits of, 265 Title to negotiable instruments, 215 Title to personal property, 179 pledged property, 215 real property, 243 trust property, 266 Tontine policies of insurance, 165 Trade marks, 282 Trade name, 284 Transitu, stoppage in, 193, 229 Treaties, definition of, 12 Trust companies, definition of, 156 Trustees, 265 Trusts, 265 beneficiary of, 266 classified, 265 consideration to, 267 how created, 266 U Ultra vires acts of corporation, 109 Underwriter, definition of, 161 Undisclosed principal, 48 Unfair trade, 285 Unilateral contract, definition of, 19 Universal agents, 43 Unwritten law, 12 Usury, 160 V Valued insurance, 168 Verdict, definition of, 300 Voluntary bankruptcy, 36 Voting by proxy, 99 W Wagering contracts void, 28 Warehousemen, 209 Warranties in deeds, 245 in insurance contract, 164 Warranty in contracts, 34 deeds, 244 express, 189 implied, 190 Watered stock of corporations, 105 Wife, dower of, 288 Will ademption, 295 codicil, 294 creation of trusts by, 266 definition of, 287 duress, 290 estates at, 242 form of, 296 holographic, 293 leases at, 277 nature of, 288 nuncupative, 293 publication of, 292 revocation of, 294 signature to, 291 statutes regulating making of, 288 who may make, 289 witnessing, 291 Witnesses to deeds, 245 to a will, 291 Written law, 12 TRANSCRIBER'S NOTES —Obvious print and punctuation errors were corrected. —The transcriber of this project created the book cover image using the title page of the original book. The image is placed in the public domain. |
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