Commercial Law: A Treatise for Business Men on the Law Applicable to Commercial Relations

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Alexander Hamilton Institute, 1914 - 539 страници
 

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Courts of Law and Courts of Equity
10
Civil Courts and Criminal Courts
11
SECTION TAG 28 JusticeofthePeace Probate Admiralty and Circuit Courts
12
United States Courts
13
United States Supreme Court
14
District Courts
15
Commerce Court
16
Court of Customs Appeals
17
Commissioners Courts
18
Obligations in General
19
Property Rights
20
CONTRACTS IN GENERAL CHAPTER II
22
Purposes of Agreement
23
Classification of Contracts
24
Valid Voidable and Void Contracts
25
Merger of Contracts
26
CHAPTER III
28
57 An Infants Liability for Necessaries
29
Legal Obligations of Infants
30
Disaffirmance by an Infant
31
Who May Disaffirm an Infants Contracts
32
Insane Persons
35
Insane Person Under Guardianship
36
69 Nature of the Insanity
37
Return of Consideration by the Insane
38
Drunken Persons
39
A Drunken Persons Liability for Necessaries
40
Aliens
41
Married Women
42
Corporations
43
CHAPTER IV
44
Offer to the Public
45
Consideration
46
What May be a Sufficient Consideration
47
89 The Statute of Frauds
49
What May Constitute the Writing
50
Under the Stat ute
51
CHAPTER V
54
Wagering Contracts
55
Contracts in Restraint of Trade
56
Contracts Made on Sunday
58
Contracts in Derogation of Marriage
59
Contracts of an Immoral Nature
60
Effect of Illegality
61
Reality of Consent
64
Misrepresentation and Fraud
65
Undue Influence
67
CHAPTER VI
70
Contracts Made for the Benefit of a Third Party
71
Rules of Evidence
73
Surrounding Circumstances Given Consideration
74
Matters Implied by Law
75
Joint and Several Contracts
76
CHAPTER VII
78
Assignment of Liabilities
79
Assignment by Married Women
80
Assignment of Bonds Mortgages etc
81
Modes of Discharging a Contract
82
Novation
83
Discharge by Performance
85
Satisfaction of the Other Party
86
Composition with Creditors
88
Tender
89
CHAPTER VIII
91
Independent Promises
92
Conditional Promises
93
Breach of a Subsidiary Promise
94
CHAPTER IX
100
Exceptions to the Rule
101
Destruction of the Subjectmatter
102
Legal Impossibility
103
Incapacity for Personal Services
104
SECTION PAGE 148 Performance Prevented by the Promisee
106
Discharge by Operation of Law
107
Alteration of a Written Instrument
108
Proceedings in Bankruptcy
109
The National Bankruptcy Law
110
Bankruptcy and Insolvency Ill 155 Who Entitled to Benefits of Act
111
Claims Provable Against a Bankrupt
112
Remedies for Breach of Contract
113
SPECIAL FORMS OF CONTRACT CHAPTER X
115
Parties to the Contract of Sale
116
Statutes of Frauds
118
Sales of Goods to be Manufactured
119
When Title Passes
125
Sale Subject to Conditions
126
Sales at a Distance and C O D Sales etc
127
When the Seller Retains Possession
128
CHAPTER XI
132
Delivery to a Carrier
133
SECTION FACE 178 Time of Delivery
134
179 Quantity Specified Must be Delivered
135
Quality Specified Must be Delivered
136
Warranties Definition and Classification
137
Implied Warranty of Title
138
Implied Warranty of Quality
140
Sale of Provisions
144
Remedies for Breach of an Express Warranty
145
Remedies for Breach of an Implied Warranty
146
Rights of an Unpaid Seller Against the Subject of the Sale
147
189 Vendors Right of Resale or Rescission
148
Actions by Unpaid Vendor for Breach of Contract of Sale
150
Measure of Damages
151
Remedies of the Vendee
152
CHAPTER XII
154
Distinctions
155
Classification of Bailments
156
Extraordinary Bailments
158
199 Obligations of Bailor in a Bailment for His Sole Benefit
159
Bailment for the Sole Benefit of the Bailee
161
Termination of Bailment for Sole Benefit of One Party
162
Creation of a Pledge or Pawn
163
Construction and Operation of Pledge
164
Termination of Pledge or Pawn
165
Hiring Property for Compensation
166
Rights and Duties of Bailee
167
SECTION aGE 210 Termination of Bailment Arising out of the Hiring Caring for Repairing or Transporting of Chattels
168
Warehousemen and Wharfingers
169
Safedeposit Companies
170
Banks and Bankers
171
Who are Guests of an Inn?
172
Innkeepers Compensation and Lien
174
CHAPTER XIII
176
Liabilities of Common Carrier
177
Carriers Liability as an Insurer
178
Carriers Liability Under Special Contracts and Statutes
180
Termination of Carriers Liability
181
Time of Delivery
182
When the Liability as Carrier Ceases
183
Connecting Carriers
184
Excuses for Nondelivery
185
Liability of Public Carriers to Passengers
186
Regulations Imposed by Carriers
187
Baggage
188
Sleeping Cars
189
Telegraph and Telephone Companies
190
CHAPTER XIV
191
Kinds of Life Insurance
192
SECTION PAGE 242 Other Kinds of Insurance
193
Characteristics of Insurance Contracts
194
Coinsurance and Reinsurance
195
Subrogation
197
Insurable Interest
198
Assignment of Insurance Contracts
199
Avoidance of Contract Through Misrepresentations or Concealments
200
Warranties
202
Special Rules of Marine Insurance
204
Notice and Proof of Loss in Fire Insurance
205
CHAPTER XV
207
Kinds of Guaranty
208
Statute of Frauds
209
Assent of Parties
210
Notice of Default
211
Discharge of the Guarantor
212
Coguarantors and Cosureties
215
Unconditional Promise or Order
227
Time of Payment
228
To Whom Payable
229
Seal
230
CHAPTER XVIII
232
Indorsement
233
Kinds of Indorsement
234
Transfer Without Indorsement
236
Delivery
237
Regularity of Face of Instrument
238
Notice of Defect
239
Title Derived From Holder in Due Course
240
Rights of Holder in Due Course
241
CHAPTER XIX
242
Facts Which Acceptor Does and Facts Which He Does not Admit
243
Effect of Acceptance and Refusal to Accept
244
Liability of Indorsers Amongst Themselves
245
Liability of Other Parties
246
Damages
247
CHAPTER XX
248
Time and Place of Presentment for Payment
249
Presentment Waived and Dispensed With
250
By Whom Notice is Given
251
Sufficiency of Notice
252
CHAPTER XXI
254
SECTION PACE 325 Partial or Total Want or Failure of Consideration
255
Release Renunciation or Payment
256
Real Defenses
257
Forgery
258
CONDUCT OF BUSINESS THROUGH REPRESENTATION CHAPTER XXII
259
Who May be Principal?
260
When a Business May be a Principal
261
Delegation of Powers by Agent
262
Methods of Appointment
263
Destruction of Powers of Agent
265
What Contracts May be Ratified Effect of Ratification
267
Estoppel
268
Agency by Necessity
269
Scope of Agents Authority
270
Principals Obligations to Agent in General
273
Double Commissions
275
Relations of Principal and Agent to Third Persons in General
276
SECTION G 356 Where Both Principal and Agent are Bound
278
Where Neither Agent nor Principal is Bound
279
Liability of Third Persons to Principal
281
Agents Obligations to His Principal
283
Agents Duty to Use Good Faith
284
Special Forms of Agency
285
Gratuitous Agents
286
Attorneys at Law
287
CHAPTER XXIII
290
Liabilities of Masters and Servants for Negligent and Willful Torts by Servants
292
Masters Nonassignable Duties and the Doctrine of the Assumption of Evident Risks
293
Liability of Master to Servant
295
BUSINESS ASSOCIATIONS CHAPTER XXIV
296
Effect of Incorporation
297
Intermediate Associations
298
Classification of Partnerships
300
Classification of Partners
303
Commercial and Legal Views Distinguished
307
Partnership Property
308
Title to Firm Property
309
Bona Fide Purchasers Rights
310
Firm Name
311
Goodwill
312
Partnership Actions
313
Dissolution of Firm
314
By Operation of Law
315
CHAPTER XXV
316
Duty to Exercise Care and Skill
317
Right to Compensation
318
Right to Interest on Balances
319
Partners Lien
320
Incidental Implied Powers
321
SECTION PACE 417 Liability of a Partner
322
Partnership Liability by Estoppel 823
323
Statutory Exemptions
324
CHAPTER XXVI
325
Definitions and Classifications
326
Corporations De Jure and De Facto
328
Formation of Corporations
329
Certificate of Incorporation
330
Bylaws
331
Corporate Meetings
333
Voting at Corporate Meetings
334
Proxies
335
Transaction of Corporate Business
336
Corporate Powers
337
Ultra Vires Acts
338
Capital Stock
339
Subscribers to Capital Stock
340
Rights and Powers of Stockholders
341
Payment for Capital Stock
342
Certificate of Shares
343
Rights of Minority Stockholders
344
Special Liabilities of Shareholders
345
Officers
346
SECTION PACK 450 Vacancies and Removab 847
347
CHAPTER XXVII
350
Holding Companies
351
Special Purposes of Intercorporate Relations
352
Promoters
353
Promoters Right to Compensation
354
Corporate Receivers
355
Powers of Receivers 857
357
PROPERTY CHAPTER XXVIII
358
Duration of Estates in Land
359
Estates Less than Freehold
360
Estates Regarded as to the Number of Owners and Their Connection with One Another
361
469 Special Applications of Joint Tenancy and Tenancy in Common
362
Estates Classified with Reference to Their Qualified Nature
363
Estates Classified as to the Time When Enjoyment Be gins
364
Titles to Real Property
365
Involuntary Alienation 867
367
SECTION PACE 474 Legal and Equitable Estates
368
Mines and Minerals 870
370
Water Rights
371
479 Surface Waters
372
Special Questions Concerning Ownership
373
Border Trees
374
Fences and Party Walls
376
Support of Land
377
CHAPTER XXIX
379
Conveyances
381
Other Liens
385
Rights of the Landlord
390
Rights of the Tenant
391
Eviction
392
CHAPTER XXX
394
499 Execution of Wills
395
Revocation of Wills
397
Making the Will
398
Accuracy of Description
399
Technical Requirements
400
Codicils and New Wills
401
Intestate Succession
402
Executors and Administrators
403
Duties of Administrators and Executors
404
Preliminary Duties
405
Inventory and Appraisal
406
Payments
407
Payment of Debts
408
CHAPTER XXXI
409
Goodwill
410
Definition
411
Transfer of Patent
412
Government Classification
413
Loss of Property
414
528 Treasuretrove
415
Acquisition by Occupancy
416
Title by Natural Increase
417
Title by Confusion
418
Transfer of Personal Property by Gift
419
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Страница 422 - The several circuit courts of the United States are hereby invested with jurisdiction to prevent and restrain violations of this act; and it shall be the duty of the several district attorneys of the United States, in their respective districts, under the direction of the Attorney-General, to institute proceedings in equity to prevent and restrain such violations.
Страница 479 - That it shall be unlawful for any person engaged in commerce, in the course of such commerce, to lease or make a sale or contract for sale of goods, wares, merchandise, machinery, supplies, or other commodities, whether patented or unpatented...
Страница 480 - That any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws may sue therefor in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the cost of suit, including a reasonable attorney's fee.
Страница 479 - ... unlawful for any person engaged in commerce, in the course of such commerce, either directly or indirectly, to discriminate in price between different purchasers of commodities of like grade and quality...
Страница 481 - Commission shall acquire the whole or any part of the assets of another corporation engaged also in commerce, where in any line of commerce...
Страница 479 - person," or "persons," wherever used in this act shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country.
Страница 481 - This section shall not apply to corporations purchasing such stock solely for investment and not using the same by voting or otherwise to bring about, or in attempting to bring about, the substantial lessening of competition.
Страница 481 - ... or to forbid or restrain Individual members of such organizations from lawfully carrying out the legitimate objects thereof...
Страница 101 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Страница 235 - Where an indorsement is conditional, a party required to pay the instrument may disregard the condition, and make payment to the indorsee or his transferee, whether the condition has been fulfilled or not. But any person to whom an instrument so indorsed is negotiated, will hold the same, or the proceeds thereof, subject to the rights of the person indorsing conditionally.

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