Modern American Law: A Systematic and Comprehensive Commentary on the Fundamental Principles of American Law and Procedure, Accompanied by Leading Illustrative Cases and Legal Forms, Том 4

Предна корица
Eugene Allen Gilmore, William Charles Wermuth
Blackstone institute, 1917
 

Какво казват хората - Напишете рецензия

Не намерихме рецензии на обичайните места.

Съдържание

Summary
24
CHAPTER V
25
CHAPTER VI
27
What amounts to publication
28
Property in letters
29
Copyright statutes
30
Patents
31
CHAPTER VII
32
True basis of title by accession
33
SECTION PAGE 34 Cotenancy deemed impractical
34
Change of species test
35
Cotenancy in joint product
37
Willful trespasser can acquire no title by accession
40
Title of purchaser from willful converter
43
CHAPTER VIII
44
Tortious confusion by mistake
45
Unequal values
46
Remedies
47
Comparison of confusion and accession
49
Deposits and withdrawals
50
As against general creditors
51
As between innocent contributors
52
CHAPTER IX
54
Gift by deed
55
Delivery necessity of
56
Change of possession not required in gifts inter vivos between living persons
58
Declaration of trust
59
Constructive delivery
60
Gift of ones own or anothers obligation
61
SECTION PAGE 63 Conditional gifts
64
Gifts causa mortis
65
Invalid gifts
66
CHAPTER X
68
The law of bailments
69
Creation of bailment
70
Acceptance of bailment
71
Adverse possession
73
Bailment or sale
74
Elevator cases
75
Effect of option to buy or sell
76
CHAPTER XI
78
Special property of bailee as against bailor
79
Reversionary right of bailor
81
Termination of bailment
83
CHAPTER XII
86
Duty of the bailor
87
SECTION PAGE 85 Classification of bailments and measure of duty of the bailee
88
Deposit
90
Mandate
92
The loan of goods
95
Letting and hiring and other bailments for mutual benefit
96
Deviation from the bailment
97
Estoppel of bailee
99
Burden of proof
100
CHAPTER XIII
102
Foundation of liability of innkeeper
103
Modern measure of liability
104
Rule of prima facie liability
105
Relation of guest and innkeeper must exist
106
Illustrations
108
For what goods liable
109
Contributory negligence
110
Liability of boardinghouse keeper for care of goods of boarders
111
Bibliography
114
LAW OF LIENS AND PLEDGES CHAPTER I
115
Liens and mortgages distinguished
116
Creation of liens and capacity of parties
117
Subject matter of liens
118
Liens are accessory rights
119
Liens protect particular obligations
120
Division of subject
121
Classification
122
CHAPTER II
124
Classes of common law liens
125
Same subjectFurther illustrations
127
Liens given for improvement by skill and labor
128
Agistors and livery stable keepers
129
Liens of finders
130
Same subjectOffers of rewards
131
Liens based on mercantile custom
132
Liens in legal proceedings
133
Same subjectAttachmentsJudgments
134
Lien of vendor of personal property
136
Stoppage in transitu
137
Pledges
138
Same subjectWhat constitutes delivery
139
SECTION PAGE 25 Liens given by persons other than owner
140
Same subjectInnkeepers
141
Same subjectCarriers
142
CHAPTER m
145
Same subjectExamples
146
Maritime liensDistinguished
147
Subject matter and obligation
148
Liens of seamen and master
149
Liens for damages from torts
150
CHAPTER IV
151
Liens by assignment
152
Vendees lien on land
153
Improvement liens of occupants
154
Other implied equitable liens
155
Miners liens
156
CHAPTER V
158
Right to use and profits
159
Duty of care for chattel
160
Duty to return to owner
161
Assignment of pledges
162
CHAPTER VI
163
Discharge by forfeiture
164
PaymentDestruction of propertyMergerBank ruptcy
165
Enforcement of common law liens
166
Enforcement of statutory liensPriority
167
Enforcement of maritime liensPriority
168
Bibliography
169
LAW OF AGENCY CHAPTER L
171
Agent defined
172
Principal defined
173
Classes of agents
174
Special forms of agency
175
FORMATION OF THE RELATION OF PRINCIPAL AND AGENT 7 Purposes for which an agency may be created
176
The contract of agency
178
Elements of contract
181
Consideration
182
Who may be principal
183
Same subjectInsane persons
184
Same subjectMarried women
185
Same subjectClubsUnincorporated associations
186
Same subjectInfants and other agents
187
Joint principals
188
Agent acting for two different principals
189
Agency by estoppel
190
Agency from necessity
191
SECTION PAGB 26 Other instances of agency from necessity
192
Contract of agency made by ratification
193
Meaning of ratification
194
Same subject
196
Forms of ratification
197
What acts may be ratified
198
Who may ratify
199
Effect of ratification
200
Same subjectAs between principal and strangers
202
Same subjectAs between agent and third party
203
Same subjectAuthority involving judgment and discretion
204
Same subjectMechanical and ministerial duties
205
CHAPTER III
207
Same subjectBy subsequent agreement
208
Same subject
209
Same subjectThe element of good faith
210
Same subjectPower coupled with an interest
211
Same subjectNotice to third persons
213
Termination by operation of law
214
Same subjectInsanity
215
Same subjectWar
216
Same subjectMarriage
217
THE AUTHORITY CONFERRED ITS NATURE AND EFFECT SECTION PAGE 60 Express authority
219
Implied authority
220
Distinction between authority and instructions
221
Extent of general and special authority
222
Construction of the authorityWhen in writing
223
Same subjectWhen not in writing
224
Same subjectAmbiguous authority
225
Construction of implied authority
226
Construction of particular powers
227
Agent authorized to sell personal property
229
Agent authorized to purchase
230
Authority to make negotiable paper
231
Agent to manage business
232
Same subjectInstrument under seal
234
Same subjectNegotiable instruments
235
Same subjectDuty to give notice to principal
245
CHAPTER VI
247
Contracts actually authorized
248
Contracts unauthorized
249
Suits against an undisclosed principal
250
Suits by an undisclosed principal
252
Parol evidence rule
254
Same subject
255
When notice to agent is notice to principal
256
Notice to subagent
257
CHAPTER VII
259
Same subjectIn contract
260
Same subjectIn tort
263
Same subjectPublic agents
264
Duties and liabilities of third persons to the agent
265
CHAPTER VIII
268
SECTION PAGE 112 Scope of the attorneys authority
269
The duties and liabilities of attorneys
273
Liability of the client to the attorney
275
The attorneys lien
276
Privileged communications
277
Auctioneers
278
Duties and liabilities of auctioneers
279
Rights of auctioneers
280
Appointment and implied powers of brokers
281
Duties and liabilities of a broker
282
The brokers rights
283
Appointment and implied powers of factors
284
Duties and liabilities of factors
285
Bibliography
286
LAW OF SALES OF PERSONAL PROPERTY CHAPTER I
287
Definition and scope of subject
288
Sale distinguished from other transactions
289
CHAPTER II
291
Potential property
292
Two views of potential property
293
Futureacquired property
294
CHAPTER III
295
Previous assent
296
Passing of title by delivery to carrierBuyer paying transportation charges
297
Same subjectSeller paying transportation charges
298
Sale of goods to be separated from a mass
299
Sale of portion of mass in terms of a definite quan tity
300
Same subject
302
Fungible goods
303
Goods made to order
304
UNASCERTAINED PRICE SECTION PAGE 20 Weighing or measuring still to be done
307
Effect of the presumption
308
CHAPTER V
310
Sale and return
311
Cash sales
312
CHAPTER VI
314
Compared with chattel mortgage
315
Same subject v316 30 Contract in form of a lease
316
Provisions for forfeiture or resale
317
Risk of loss
318
Statutory provisions for recording
319
CHAPTER VII
322
Order bill
323
A representative of title
324
Extent of negotiability
325
Legislation with reference to negotiability
326
Risk of lossBill of lading in buyers name
327
SECTION PAGE 42 Same subjectBill of lading in sellers name
328
Same subjectGoods never received by carrier
329
Warehouse receipts
330
CHAPTER VIII
331
Dependent upon possession
332
Goods in buyers possession at time of sale
333
Resale by buyer
334
Revival of lien
335
Termination of lien
336
Enforcement of lien
337
CHAPTER IX
339
How exercised
340
Goods subject to negotiable bill of lading
342
When transit begins
343
Who may exercise the right
345
Delivery by truckman or by express company
346
New direction given to goods
347
Goods intercepted by buyer
348
SELLERS RIGHTS AFTER STOPPAGE IN TRANSITU SECTION PAGE 70 Compared to rights under vendors lien
351
Holding the goods and suing for price
352
When right of resale arises
353
Notice of resale
354
Loss or profit on resale
355
Resale as agent for the buyer
356
Keeping property as his own
357
CHAPTER XI
359
Same subjectPayment of the price
361
CHAPTER XII
363
Contract void
364
Election to hold fraudulent buyer
365
Rights of innocent purchaser
367
Retention of possession as fraud on creditors
368
Same subject
369
Possession as evidence of title
370
Same subject
371
CHAPTER XIII
373
Goods in sellers possession
374
SECTION PAGE 94 Agreement to pay regardless of passing of title
375
Goods to be made to order
377
Same subjectSpecific performanceWork and labor
378
Contracts for ordinary goods
379
Obligation to tender the goods
380
CHAPTER XIV
382
Purchase price paid
383
Rescission for failure or refusal to perform
385
Replevin for the goods
386
Can buyer force the seller to sell?
387
Inspection and warranty
388
CHAPTER XV
389
Same subjectOn delivery to carrier
390
When and where inspection should be made
391
Use or test of goods
392
What constitutes acceptance
393
CHAPTER XVI
395
Same subjectGoods in sellers possession
396
Same subjectEffect of buyers knowledge
398
Same subjectKnown described and definite
404
Warranty a contractual obligation
410
Same subjectSeller not liable
416
THE STATUTE OF FRAUDS SECTION PAGE 142 History of the Statute
422
Contract of sale
423
Same subjectNew York rule
424
Same subjectMassachusetts rule
425
Same subjectSales Act
426
Same subjectGrowing crops
427
Same subjectTrees minerals
428
The price
429
Effect of statute on the contract
430
Acceptance and receipt
431
Earnest money or part payment
432
The writing required
434
Time when memorandum made
435
Signature
436
The party to be charged
437
Bibliography
438
Personal Property and Bailments
439
Law of Liens and Pledges
451
Law of Agency
457
Law of Sales of Personal Property
465
Leading Illustrative Cases Table of Contents
479
PERSONAL PROPERTY
489
TITLE BY FINDING
497
CHAPTER IV
504
New York L E W R R Co v New Jersey Electric
581
TITLE OF CASE PAGE
668
Partridge
674
CHAPTER V
680
CHAPTER VI
686
CHAPTER VII
693
Rochereau Co
702
BILLS OF LADING
735
CHAPTER VIII
744
Hallgarten
751
FRAUD AND ITS EFFECT
759
SELLERS REMEDIES
766
TITLE OP CASE PAGE
771
CHAPTER XVI
778
Newson
785
CHAPTER XVII
792
Manly
800
CHAPTER XIX
810
Meigs
817
Index
819
Авторско право

Други издания - Преглед на всички

Често срещани думи и фрази

Популярни откъси

Страница 393 - The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or when the goods have been delivered to him, and he does any act in relation to them which is inconsistent with the ownership of the seller, or when, after the lapse of a reasonable time he retains the goods without intimating to the seller that he has rejected them.
Страница 422 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Страница 426 - ... (2) The provisions of this section apply to every such contract notwithstanding that the goods may be intended to be delivered at some future time or may not at the time of such contract be actually made, procured or provided or fit or ready for delivery or some act may be requisite for the making or completing thereof or rendering the same fit for delivery.
Страница 815 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith or some other person thereunto...
Страница 296 - Where there is a contract for the sale of unascertained or future goods by description and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer. Such assent may be expressed or implied and may be given either before or after the appropriation is made.
Страница 404 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller's skill or judgment...
Страница 349 - That where an order bill has been issued for goods no seller's lien or right of stoppage in transitu...
Страница 353 - Made.] (1) Where the goods are of a perishable nature, or where the seller expressly reserves the right of resale in case the buyer should make default, or where the buyer has been in default in the payment of the price an unreasonable time, an unpaid seller having a right of lien or having stopped the goods in transitu may resell the goods.
Страница 390 - ... a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract. 2. Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound, on request, to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract.
Страница 319 - Where delivery of the goods has been made to the buyer, or to a bailee for the buyer, in pursuance of the contract and the property in the goods has been retained by the seller merely to secure performance by the buyer of his obligations under the contract, the goods are at the buyer's risk from the time of such delivery.

Библиография