Cases on Commercial Law: General Survey, Contracts, Agency, Bailments, Sales, Negotiable Paper, Partnerships, Corporations, Bankruptcy

Alfred William Bays

Callaghan, 1923 - 1536 pagini

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Pagina xviii
... Duty not to interfere with contract rights . § 159 . Contract for indefinite period . § 160 . Prevention of future contracts . § 161 . $ 162 . § § 163 . 164 . § 165 . § 166 . $ 167 . PART IV DISCHARGE OF CONTRACTS CHAPTER 20 DISCHARGE ...

Pagina xxi
... Duty of agent to obey instructions . Duty of agent to use care and skill . Agent's duty of personal performance . §224 . Whether agent is selected to perform or to obtain agent to perform . §225 . Same subject applied to collections by ...

Pagina xxv
... duty of indiscriminate service . $ 300 . Common carrier's duty to transport goods safely . §301 . Common carrier's duty to transport without delay . §302 . Freight and demurrage . CHAPTER 39 BILLS OF LADING AND WAREHOUSE RECEIPTS $ 303 ...

Pagina 14
... duty on the latter and which duty has been broken where there is a breach of duty imposed by the law apart from any consent of the person owing the duty , and the remedy claimed is not the payment of a definite sum of money , but ...

Pagina 46
... duty of the judge in all cases of trial by jury , he withdrew the case from the jury and directed judgment to be entered for the defendant . In my opinion he was justified by the practice of the court in so doing , and this appeal must ...

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Cuprins

DIVISION A GENERAL SURVEY	1

CHAPTER	3

What is law 2 International law 3 National or municipal law 4 Branches of municipal law CHAPTER	4

THE BRANCHES OF MUNICIPAL LAW 5 Constitutional law 6 The federal constitution 7 The state constitutions 8 Administrative law 9 The law ...	8

CHAPTER 3	18

Function of the courts	21

The federal reserve board	27

CHAPTER	29

Implied authority of factor	661

Bulk sales acts	666

Factors acts 362 Chattel mortgages	667

Liability of stockholders for payment of stock for bene	676

267 Factors lien	681

391a The Uniform Conditional Sales	704

Refiling	710

Refiling or removal	712

PART I	35

B Minors as Parties 38 Who are minors 39 Power of minors to contract	39

40 Minors liability for necessaries 41 What are necessaries	40

a Kind of advantages that may constitute necessaries b Station in life as factor e Minor already supplied d Necessaries must be actually supplied	47

Disaffirmance of minors voidable contracts a Disaffirmance	52

b Ratification	58

Tortious liability of minors in cases involving contracts	62

Other Parties Under Disability 44 Married women 45 Insane persons 46 Drunken persons 47 Aliens	66

48 Corporations	69

CHAPTER 8	70

Preliminary announcements intended to secure offers distinguished from offers 53 Offer indefinite	71

Duration of offer	77

56 Termination of offer by rejection	81

57 Termination of offer by destruction of subject matter	82

58 Termination by death and insanity of offeror or offeree 59 Revocation of offer 60 Contracts to keep offers open	85

Defendants contract wholly executory	105

CHAPTER 9	116

a Fraud in the inducement or consideration	130

cascoscoscoscosco	136

74	148

Undue influence definedits effect	156

CHAPTER 10	165

Consideration may consist in promise or	169

Compromise of disputed claim	190

POWERS OF A CORPORATION	194

CONTRACTS ILLEGAL BECAUSE OF MANNER OF FORMATION	219

Judicial Remedies in Illegal Agreements	225

General rule	228

229 Unauthorized assertions by agent of his authority	229

Implied and apparent authority distinguished	230

Implied and apparent authority in general and special agencies	231

107 Where contract partly legal partly illegal	232

Implied and apparent power of agent to borrow money	233

Implied and apparent power of agent to bind principal	234

CHAPTER 12	235

upon commercial paper property 236 Implied and apparent power of agent who has indicia of title to sell goods	236

Implied and apparent power of selling agent to receive payment	237

Implied and apparent authority of selling agent to ex tend credit on sales	238

Implied and apparent power of buying agent to buy on credit	239

Implied and apparent power to warrant	240

Certain kinds of contracts to be in writing C Contracts Not Enforcible Unless in Writing a Nature and object of statute of frauds 114 The statute of fr...	241

Promises of executors and administrators	247

Promises to answer for the debt default or miscarriage of another person 119 Promises in consideration of marriage	252

Contracts for the sale of lands or interest therein 121 Contracts that cannot be performed within a year	256

c What amounts to compliance with statute 123 The memorandum and the signature 124 Compliance by delivery and acceptance in sales 125 Com...	260

The Parol Evidence Rule 128 The parol evidence rule defined 129 Parol evidence rule permits contract partly in writing partly oral	273

Parol evidence rule permits proof of customs	274

Evidence not forbidden by parol evidence rule	283

Definition of quasi contract	296

PART III	311

Sale in writing oral or implied	317

Formalities required in certain cases	318

Statute not applicable if price less than a certain amount	319

Statute no defense if payment made in whole or part	320

321 Statute no defense where part delivery and acceptance of goods	321

322 Statute no defense where sufficient signed memorandum	322

What is contract of sale within the statute	323

CHAPTER 19	328

DISCHARGE OF CONTRACTS BY OTHER MEANS THAN PERFORMANCE	352

In general	363

180 General rule	369

Enumeration of rights and remedies of unpaid seller	370

PART I	377

The principal and agent as one person	378

Enumeration of rights and remedies of buyer	385

CHAPTER 24	388

391 Goods delivered to buyer buyers right to accept and	391

In general	395

Express ratification	407

Results of Ratification	413

THE DUTIES AND LIABILITIES OF THE AGENT TO THE THIRD PERSON	414

Agents right of compensation where he abandons serv	420

Reference to mortgage given as security	421

Provision authorizing confession of judgment	422

220 Agent cannot take secret profits and benefits	427

Liability of Agent to Principal for Default of Third	434

Admissions of agent 242 Authority of agent to receive notice	441

548559	448

CHAPTER 30	466

Second exception to rule	468

246 Third exception to rule 247 Fourth exception to rule 248 Where alleged undisclosed principal had not conferred authority	469

249 Undisclosed principals right to hold third person	470

CHAPTER 31	476

General statement	491

When agent bound on negotiable paper by form of	500

B Liability of Agent in Tort	508

By terms of original agreement	514

By death of principal	524

SUBDIVISION I	531

CHAPTER 37	550

CHAPTER 38	556

297 Innkeepers 298 Common carrier defined	557

Common carriers duty of indiscriminate service 300 Common carriers duty to transport goods safely	558

301 Common carriers duty to transport without delay 302 Freight and demurrage	559

CHAPTER 39	560

SUBDIVISION II	564

A Definitions and Distinctions 313 Definitions 314 Consideration called the price 315 Conditional sales defined 316 Sales distinguished from gifts	565

CHAPTER	568

Parties to sales 325 Sales of future goods 326 Destruction or deterioration of the goods before making of contract 327 Destruction or deterioration ...	581

CHAPTER 42	584

Whether alleged oral warranty provable if sale in writ	586

B Implied Warranties 331 Doctrine of caveat emptor 332 Generally of the implied warranties 333 Implied warranties in express sales 334 The imp...	594

The implied warranties in a sale by description 336 The implied warranties in a sale by sample	595

Power of partner to borrow money on firm credit	599

337 The implied warranty of fitness for purpose bought	603

Ratification	605

Warranties do not run with personal property 339 Right of remote purchaser to sue in tort	610

CHAPTER 43	614

TITLE AND THIRD PERSONS	651

In general 355 Allowing another to assert that he is owner 356 Clothing another with documentary indicia of title	656

When True Owner Prevented by Statute from Asserting Title 357 In general 358 Effect of retention by seller after sale 359 Conditional sales 360	659

391y Election of remedies	718

DIVISION	751

CHAPTER 50	759

In general	760

To Pay a Sum Certain in Money	776

Must be Payable on Demand or at a Fixed or Determin	785

Legislative jurisdiction of the subject of bankruptcy in the United States	793

The extent of the federal power constitutionality of present	794

History of bankruptcy laws in the United States	795

796 Function of the bankruptcy act to benefit creditors	796

Function of the bankruptcy act to benefit debtors	797

E Must be Payable to Order or to Bearer	798

Brief view of proceedings in bankruptcy	799

F Where the Instrument Is Addressed to a Drawee	805

Waiving benefit of exemption and similar laws 424 Effect of affixing seal 425 Omission of date 426 Antedating and postdating 427 Rules of constr...	806

Kinds of brokers	813

Delivery presumed in favor of holder in due course	815

Incomplete instrument	816

Delivery of complete instrument containing uncancelled spaces	818

Minors	819

Insane persons	820

Estates of deceased persons	821

CHAPTER 54	822

Voluntary bankruptcy	823

CHAPTER 55	824

CHAPTER 56	831

CHAPTER 57	835

Special indorsement	843

Blank indorsement 458 Qualified indorsement 459 Restrictive indorsement 460 Conditional indorsement	844

CHAPTER 58	848

A Defenses not Available Against Holder in Due Course Personal Defenses 471 In general	881

Payment before maturity	882

Set off 474 Want of consideration	883

Failure of consideration and breach of contract 476 Fraud in consideration 477 Duress	885

Illegality of consideration	886

479 Lack of authority of agent known to payee 480 Lack of authority of partner	888

Lack of authority of corporate officer B Defenses Available Against Holder in Due CourseReal Defenses 482 Real defenses defined	891

483 Personal incapacity of defendant	892

Forgery 485 Material alteration	893

Fraud in execution	898

CHAPTER 60	901

CHAPTER 61	920

B Presentment of Bill for Acceptance	930

CHAPTER 63	948

PART V	958

PART I	997

Auctioneers	1018

CHAPTER 68	1021

NAME CAPITAL AND PROPERTY	1028

PART III	1039

General rule of conduct of partner	1052

CHAPTER 73	1056

Liability of incoming partner	1079

a Where no judicial proceedings are in progress to distribute	1086

DISSOLUTION OF PARTNERSHIP	1102

Effect of death of partner	1113

CHAPTER 77	1121

Auctioneers defined	1131

PART I	1147

Corporations distinguished from partnerships	1167

Power of state to alter and repeal charters 653 Form of charterspecial statute 654 Form of chartercertificate under general law 655 Form of charterillu...	1171

CHAPTER 82	1181

PART II	1187

The certificate of stock 669 The legal nature of shares of stock	1203

CHAPTER 84	1204

CHAPTER 85	1210

CHAPTER 86	1222

STOCKHOLDERS MEETINGS	1232

Definition and kinds 715 Declaration of dividends within discretion of directors 716 Payment of dividends 717 Who entitled to dividends 718 Divi...	1265

PART III	1272

B The Responsibilities and Rights of Directors	1274

The directors responsibility to the corporation 724 Liability of director to third person 725 Right of director to profit by the relationship C Powers of...	1284

In general D Directors Meetings 728 Method of transacting business at directors meeting 729 Minutes 730 CHAPTER 91	1288

tions	1326

Suit against foreign corporation	1340

CHAPTER 101	1355

CHAPTER 103	1365

The courts that have bankruptcy jurisdiction 801 The territorial limits of the courts jurisdiction 802 Jurisdiction as determined by the location of the...	1374

804 Extent of jurisdiction over subject matter	1377

805 Jurisdiction of bankruptcy court to recover assets 806 Jurisdiction of state courts for that purpose 807 Summary proceedings in district court to ...	1379

CHAPTER 105	1382

In general 812 Wage earners	1383

813 Persons engaged chiefly in farming or tilling the soil	1386

Occupation considered as of what date b Of corporations 815 In general 1 History of this section 2 Corporations which can file voluntary petitions 3...	1389

A Introductory 825 In general 826 Insolvency defined 827 Within what time act of bankruptcy must be committed B The Particular Acts of Bankr...	1402

Fraudulent transfers 829 Preferential payments or transfers	1407

Preferénces secured through legal proceedings as acts of bankruptcy 831 General assignment for benefit of creditors as acts of bankruptcy	1414

Admission of insolvency and consent to bankruptcy	1415

CHAPTER 107	1416

2 What petition must allege 835 The adjudication first meeting of creditors and election of trustee	1422

CHAPTER 108	1428

Insurance policies	1445

Property held by bankrupt in trust or nature of trust 844 Property transferred or money paid as preference	1450

845 Fraudulent conveyances 846 Property held by bankrupt claimed by third persons 847 Property held by third person belonging to bankrupt	1460

Rights to	1461

849 Burdensome property 850 To what liens trustees title is subject	1464

CHAPTER 109	1470

In respect to whether due or not 853 In respect to whether owing before or after petition filed 854 Claims based upon judgments 855 Fixed liabilitie...	1471

Unliquidated claims 1 When provable 860 Unliquidated claims 2 When not provable	1480

Fines B Proof and Allowance of Claims 862 How claims proved 863 Allowance of claims C Secured and Lien Claims	1481

In general 865 The standing of a secured creditor 866 Other lien claims	1482

Claims Having Priority 867 How a claim having priority differs from a secured claim 868 What claims have priority	1483

E Claims of Preferred Creditors 869 Preferred creditor must surrender preference	1486

F Dividends on Claims 870 How payable G Composition with Creditors	1490

871 Composition may be offered by bankrupt 872 Conditions of the composition	1492

874 Right to set off H Set Offs	1493

CHAPTER 110	1495

CHAPTER 111	1499

B Debts Not Dischargeable 886 In general 887 General rule 888 Debts not affected by discharge 889 New promise to	1500

1 In general 2 Payment of less than face value as showing bad faith 3 Knowledge that consideration is still unperformed 466 Transferee must acquir...	1523

467 Indorsement requisite 468 Transferee of holder in due course as holder in due course 469 Burden of proof as to whether one is holder in due c...	1525

Termeni și expresii frecvente

99 Question acceptance accord and satisfaction action agent agreed agreement alleged amount appellant appellee assignment authority Biewer binding bound breach charge circumstances claim Clandeboye common carrier common law consideration constitute contract court of equity covenant creditor damages debt debtor decision deed defendant defendant's disaffirm discharge doctrine duress duty enforceable executed fact fendant fraudulent held illegal implied infant instrument intention interest judgment jury JUSTICE land lease letter liable liquidated damages Lomm ment merely minor necessary negotiable Note obligation offeree offeror option oral paid parol evidence parol evidence rule party payment performance person plaintiff in error Plankington Point Involved principle promise promisor purchase purpose ratification reason received recover rule salesman seal seller signed sold statement statute of frauds sued sufficient suit tion tort tract transaction unless usury valid void voidable writing

Pasaje populare

Pagina 678 - Action for damages for non-acceptance of the goods. —(1) Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may maintain an action against him for damages for non-acceptance. (2) The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer's breach of contract.‎

Apare în 359 cărți din 1858-2007

Pagina 983 - A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.‎

Apare în 669 cărți din 1867-2008

Pagina 720 - Subject to the provisions of this Act and of any statute in that behalf, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale...‎

Apare în 380 cărți din 1816-2007

Pagina 580 - Any affirmation of fact or any promise by the seller relating to the goods is an express warranty if the natural tendency of such affirmation or promise is to induce the buyer to purchase the goods, and if the buyer purchases the goods relying thereon. No affirmation of the value of the goods, nor any statement purporting to be a statement of the seller's opinion only shall be construed as a warranty.‎

Apare în 339 cărți din 1879-2007

Pagina 988 - A promissory note is an unconditional promise in writing made by one person to another, signed by the maker, engaging to pay, on demand or at a fixed or determinable future time, a sum certain in money, to, or to the order of, a specified person, or to bearer.‎

Apare în 442 cărți din 1867-2007

Pagina 678 - Where there is an available market for the goods in question, the measure of damages is, in the absence of special circumstances, showing proximate damage of a greater amount, the difference between the contract price and the market or current price at the time or times when the goods ought to have been accepted. or, if no time was fixed for acceptance, then at the time of the refusal to accept.‎

Apare în 289 cărți din 1858-2007

Pagina 976 - And, in addition, he engages that on due presentment, it shall be accepted or paid, or both, as the case may be, according to its tenor, and that if it be dishonored, and the necessary proceedings on dishonor be duly taken, he will pay the amount thereof to the holder, or to any subsequent indorser who may be compelled to pay it.‎

Apare în 276 cărți din 1861-1999

Pagina 851 - That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.‎

Apare în 371 cărți din 1852-2007

Pagina 757 - An instrument to be negotiable must conform to the following requirements : — 1. It must be in writing and signed by the maker or drawer ; 2. Must contain an unconditional promise or order to pay a sum certain in money ; 3. Must be payable on demand, or at a fixed or determinable future time; 4. Must be payable to order or to bearer ; and, 5. Where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty.‎

Apare în 338 cărți din 1852-2005

Pagina 848 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.‎

Apare în 481 cărți din 1852-1999

Informații bibliografice

Titlu	Cases on Commercial Law: General Survey, Contracts, Agency, Bailments, Sales, Negotiable Paper, Partnerships, Corporations, Bankruptcy
Editor	Alfred William Bays
Ediție	2
Editor	Callaghan, 1923
Lungime	1536 pagini

Exportă citatul	BiBTeX EndNote RefMan

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