The cross index is arranged so as to bring out the several points in each opinion or extract. The number at the left, following each opinion or extract, indicates the number of such opinion or extract referred to in the index. The first number after the subject gives the number of the opinion and the second the page number, for example: after “acceptance of checks sent in full settlement” appear 18–21, denoting that the information can be obtained from opinion 18 on page 21. The other figures after the same subject indicate the other opinions and pages where similar information is given.

• Agent.
  • Authority of salesman to bind principal, 35–36
  • Carrier as agent—see common carriers
  • License in New York City, 3–17
  • May receive notice for principal, 88–74
  • See also certificate to do business.
• Acceptance of
  • checks sent in full settlement, 18–21, 20–28, 51–49, 66–60, 80–68, 95–77
  • delayed shipments avoids claim for delay, 87–73
  • draft does not avoid claim for inferior lumber, 92–76
  • less than invoice price, 109–89
  • offer constitutes valid contract, 72–65, 96–79
  • order through salesman, when it is complete, 96–78
  • shipment affected by statute (New Jersey), 81–69
  • shipment affected by warranty, 62–57, 102–83, 108–89
  • shipment unless promptly rejected, 62–57
  • shipment validates verbal contract, 65–59, 86–72
  • shipment when it is all or partially used, 34–36, 90–75, 102–83
  • shipment when it is retained, 6–17, 31–48
  • shipment when it is used may depend on a private custom, 90–75
• Acceptance necessary to make valid contract, 72–65, 96–79
• Accord and satisfaction, 18–21, 20–28, 51–49, 66–60, 80–68, 95–78
• Accounting by executor, 23–26
• Accounts stated—what does it consist of and what advantage, 101–82
• Assignment for creditors voided by bankruptcy, 14–22
• Assignment of account by foreign corporation (New York), 63–58
• Banking.
  • Certification of check releases maker, 45–43, 104–85
  • Liability of bank for failure to give notice of protest to endorser of note, 99–81
  • Protest not always necessary, 52–50
• Bankruptcy.
  • Avoids assignment of creditors, 14–22
  • Discharge not prevented by giving bad check, 41–39
  • Discharge, what will prevent it, 97–79
• Bill of Lading.
  • in name of buyer may not release seller, 53–51
  • may be required for surrender of shipment, 29–34
  • stipulation as to delivery, 11–20
  • stipulation as to notice of arrival, 25–31
  • to order retains title, 70–62
• Breach of contract—see contracts.
• Buyer’s position when lumber offered is not as per contract, 37–33
• Cancelling contract when one party guilty of breach, 5–14, 47–44, 67–61, 71–64
• Cancelling order by purchaser before accepted by seller’s home office, 96–79
• Cancelling order for non-delivery or delay, 43–41, 84–71
• Carload of lumber must all be in accordance with order to fulfill contract, 76–66
• Certification of check binds bank and releases maker, 45–43, 104–85
• Certificate for individual to do business in New Jersey or New York, 10–22
• Certificate to do Business.
  • Indiana, 106–86
  • Kentucky, 106–87
  • Maryland, 55–52
  • Michigan, 106–88
  • Mississippi, 106–87
  • New Jersey, 17–18, 64–58
  • New York, 17–19, 26–32, 63–57, 106–88
  • Ohio, 106–87
  • Pennsylvania, 19–24
  • Tennessee, 106–87
  • West Virginia, 106–86
• Change in original order no excuse for refusing shipment, 1–13
• Checks sent in full settlement, etc., 18–21, 20–28, 51–49, 66–60, 80–68, 95–77
• Common Carriers.
  • Agent for buyer, 33–77, 53–51, 70–62, 88–74
  • Agent for seller, 22–28, 37–33, 70–62, 88–74
  • Can insist upon acceptance of delayed delivery, 13–47, 56–53
  • Claim for loss or damage, 13–47, 46–42, 56–53, 59–54, 73–65
  • Liability as warehouseman, 8–16, 48–44
  • Liability for delay, 13–47
  • Liability for delivery without surrender of Bill of Lading, 29–34, 58–54
  • May return rejected shipment to consignor, 58–54
  • Must deliver shipment as directed, 11–20, 61–56
  • Not always compelled to notify consignor that shipment is rejected by consignee, 61–56
  • Not bound to act as intermediary, 58–54, 61–56
  • Notice to, when loading complete, 8–15
  • Obligation to send notice of arrival, 8–16, 25–31, 28–33, 48–44
  • Should pay value at destination for lumber lost, 59–55, 73–65
  • Stopping shipments in transit, 27–29, 79–68, 105–85
  • When can charge demurrage, 25–31
  • When liability begins and ends, 8–16, 48–44
• Conditional clauses on letter-heads, orders, etc., 24–27, 110–48, 50–46, 82–70
• Confirmation of order by home office, 65–59, 96–78
• Confirmation as to time of shipment, 36–35
• Contract.
  • Acceptance of offer constitutes valid contract, 72–65, 96–79
  • Against liability for delay in shipping, 24–26
  • Breach for failure to make good delivery, 6–18, 37–33
  • Breach for non-delivery, 22–28, 30–30, 39–38, 43–41, 84–71
  • Conditions must all be part of contract, 24–27, 50–46, 110–48, 82–70
  • Incomplete when only part of car as per order, 76–66
  • May be cancelled when one party guilty of breach, 5–14, 47–44, 67–61, 71–64
  • May be void if a mistake in it is obvious, 72–65
  • Should be in writing and signed, 65–59
  • Valid by acceptance of offer, 72–65, 96–79
• Conveyance in F. O. B. shipment, 42–40
• Corporations (foreign) see certificate to do business.
• Credit cannot be demanded when business transferred, 40–39
• Credit must be kept good, 30–30, 39–38, 47–44, 67–60, 71–64, 79–68, 91–75
• Custom—private and general—as to using a shipment, 90–74
• Damage claim against carrier, amount of claim, 13–47, 46–42, 56–53, 59–54, 73–65
• Damage in transit, who responsible, 8–15, 54–51
• Delay beyond shipper’s control, 50–46, 84–71
• Delay by carrier, liability for, 13–47
• Delay in shipment, liability for, 24–27, 50–46, 84–71
• Delayed delivery, acceptance of, avoids claims for damages, 87–73
• Delayed delivery by carrier should be accepted, 13–47, 56–53
• Delayed delivery need not be accepted as fulfilling contract, 84–71, 87–73
• Delivery.
  • Delayed, liability for, 24–27, 50–46, 84–71
  • In installments, 5–14, 43–41, 44–41, 47–44, 86–72, 102–83
  • Liability for non-delivery, 22–28, 30–30, 39–38, 43–41, 49–45, 91–75
  • May be stopped when buyer becomes insolvent, 27–29, 71–64, 79–68
  • May not affect original purchaser, 38–35
  • Delivery must be complete, 31–48, 76–66
  • Delivery must be made by carriers as directed, 11–20, 61–56
  • Not in accordance with contract, 37–33
  • On consignee’s side-track, 48–45
  • What constitutes, on F. O. B. sales, 8–15, 37–33, 42–40, 53–50, 70–62
• Demand that shipment be returned cannot be enforced, 6–18
• Demurrage—see common carriers.
• Discount must be in accordance with terms, 18–21, 57–53, 69–61
• Draft (accepted) with Bill of Lading does not avoid claim for inferior lumber, 92–76
• Draft with Bill of Lading to order, 70–62
• Due notice, what does it mean, etc., 83–71
• Endorser on note entitled to notice of protest, 99–81
• Executor, time for accounting, 23–26
• False statement may prevent discharge in bankruptcy, 97–79
• Fire delaying shipment, seller’s liability, 50–46
• F. O. B.—what constitutes delivery, 8–15, 37–33, 42–40, 31–48, 53–50, 70–62
• Foreign corporations—see certificates to do business.
• Freight as a consideration for passing title, 9–23, 53–50, 54–51
• Freight rate advance, 110–48
• Fraud, statute of, 65–59
• Indefinite quantity, order for, 98–80, 103–84
• Indiana—necessity of foreign corporations filing certificates, 106–86
• Insolvents, shipments to, can be stopped, 27–29, 71–64, 79–68
• Insolvency, cause for declining further shipments, 67–61, 71–63, 91–75
• Inspection on arrival—privilege of, 62–57, 92–76, 102–83
• Installment Shipments.
  • Acceptance of one installment validates verbal contract, 86–72
  • Contract for delivery, not separable, 5–14, 93–77, 102–83,
    • (see Minnesota case), 107–88
  • Cancelling for non-payment, 47–44, 71–64
  • Cancelling order for non-delivery, 43–41
  • Delay in shipment, 44–41
  • Using one installment may constitute waiver of objection to subsequent installments, 102–83
• Invoice terms not effective unless part of contract, 82–70
• Judgment in one state ground for suit in another, 60–55
• Kentucky, necessity of foreign corporations filing certificate, 106–87
• Loss for non-delivery of lumber, 49–45
• Loss for reselling shipment refused on arrival—method of recovery, 1–13, 5–14, 78–
                                                                                                                                                                                                                                                                                                             
  
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