Gambar halaman
PDF
ePub

INDEX.

A.

ACADEMY, military, 80.

naval, 80.

ACCEPTANCE, rights and duties of the acceptor, 507.
acceptance for honor, 508.

(See NOTES OF Hand and Bills of Exchange.)
ACKNOWLEDGMENT, how it may be made, 276.

ACQUISITION OF PROPERTY, may be in six ways: by inheritance;
by will; by purchase and sale; by hiring; by gift; by finding, 252.
ADMISSION OF NEW STATES, 94.

AGENCY, the law of, 512-525.

the acts of an agent are the acts in law of the principal, 512.

a principal is responsible for the acts of his agent, when he has
given his agent authority, or when he has led those who dealt
with him to believe that he had authority, 513.

how a general agent differs from a special agent, 513.

the effect and importance of this difference shown, 513.

how authority may be given to an agent, 514.

if given under seal, it authorizes the agent to make a deed for the
principal, 514.

when given by a written instrument, this is commonly called a power
of attorney, 514.

authority may be given orally, 514.

one employed by another to act for him in transacting a business,
has authority to do for his principal all that is usual in that busi-
ness, 514.

effects of this rule shown, 514.

how far the principal is answerable for the fraud of the agent, 514.
one repeatedly employed to do certain things may be believed by
other persons to have the authority of his employer, 514.

how an agency, or the act of an agent, may be confirmed by adop-
tion and ratification, 514.

all mercantile agency is governed by mercantile usage, 515.

the distinction between factors and brokers, 515.

a cashier or other official person has all the authority necessary or
usual in the transaction of his business, 516.

AGENCY- Continued.

the extent and duration of an agent's authority, 516.

an authority to sell implies an authority to sell on credit only where
that be usual, 516.

the same rule prevails as to authority to sell with warranty, 517.
general authority to transact business does not authorize an agent to
accept or indorse bills or notes, 517.

if an agent make a false statement, believing it to be true, and the
principal knows it to be false, and does not correct it, this is the
fraud of the principal, 517.

the death of the principal operates a revocation of authority, 517.
qualifications of this rule, 517.

revocation generally is always in the power of the principal, 517.
not so, if he has given a power coupled with an interest, 517.
what this means, 517.

marriage of a woman revokes a power given by her when single,
517.

a bank exercising due care in the choice of a notary or other agent
is not liable for the want of care or skill of such agent, 518.
the execution of authority by an agent, 518.

the authority must be conformed to with strict accuracy in all mat-
ters of substance, 518.

liability of an agent, how it may be caused, 519.

an agent makes himself liable by exceeding his authority or depart-
ing from it, 519.

a party with whom an agent deals cannot hold him personally, if he
knew that the agent exceeded or departed from his authority, 519.
the rights of action growing out of an agency, 51.

where an agent intrusted with goods sells the satne without author-
ity, 519.

an undisclosed principal may show that the nominal party was his
agent, and then sue on the contract, 519.

so an undisclosed principal, when discovered, may be, sued on the
contract, 519.

how a principal is affected by certain acts of his agent, 520.

a principal is liable, although personally innocent, if his agent makes
a fraudulent representation in transacting business for him, 520.
a principal cannot lessen or escape liability by calling himself an
agent, 520.

a principal can take no benefit from his agent's fraud, 520.
payment to an agent of money due to a principal binds the princi
pal only when made in the regular course of business, 520.
and only when made to an agent who is authorized to receive the
money, 520.

a principal is not responsible for the criminal acts of his agents,
unless he commanded them, 521.

mutual rights and duties of principal and agent, 521.

an agent who departs from his instructions is liable to his principal
for the consequences, 521.

AGENCY- Continued.

usage has great influence in determining the effect of his instructions,
but cannot prevail over express instructions, 521.

no attorney or agent can appoint a sub-attorney or sub-agent, unless
authorized expressly, or by the reason and necessity of the case, 521.
an agent must use, in the affairs of his principal, the care and skill
which a reasonable man would use in his own, 522.

an agent is bound to the utmost good faith, 522.

for a breach of duty an agent is responsible for the whole injury
sustained by his principal, 522.

if an agent embezzles his employer's property, the employer may
reclaim it wherever he can trace it, 522.

if the property of the principal be mixed indistinguishably with the
agent's own goods, how the law applies to that case, 522.

an agent or trustee, to sell property, cannot buy it himself; nor, if
employed to buy, can he buy of himself, 522.

agents must keep an exact account of their doings, 523.

what interest will be allowed on the balances due from an agent or
trustee, 523.

the law as to the revocation of agency, by principal or agent, 523.
insanity revokes authority, 523.

factors and brokers, law of, 523.
commission-merchants, law of, 523.

effect of a guaranty by a commission-merchant, 523.

how far a factor who is intrusted with goods may pledge them, 5?4.
an agent or factor must obey all instructions; and wishes of his ein-
ployer, sufficiently expressed, have the force of instructions, 524.
how far a factor or commission-merchant, who charges no guaranty
commission, is liable to his principal, 524.

when a factor or broker can claim their commissions, 525.

the distinction between a foreign and a domestic factor, and the law as
to each, 525.

forms of power of attorney and proxies, 526–531.
AGRICULTURAL IMPLEMENTS, manufactures of, 70.

ALABAMA, boundaries, extent, constitution, history, and condition
of, 138.

the right of suffrage by the constitution of, 191.

abstract of the statute law of husband and wife, and of homestead, 212.
ALASKA, Territory of, boundaries, extent, history, and condition of, 162.
ALTERATIONS in a written instrument, effect of, 278.
AMENDMENTS TO THE CONSTITUTION, 1 to 15, 34–37.

provided for by the constitution, 96.

how made, 97.

when made hitherto, 98.

APPRENTICES, law concerning, 207–209.

duties of an apprentice, and of a master, 207.

one who seduces an apprentice from the service of his master 10
liable for damages, 208.

forms of indenture of apprenticeship, 209.

APPROPRIATION OF PAYMENT, law of, 467.

ARBITRATION, law of, 551-556.

of the submission or reference, 551.

it is essential to a valid award that it conforms to the terms of the
submission, 551.

an award cannot affect strangers, or those who are not parties to the
submission, 551.

an award must not embrace matters not included in the submission
551.

an award will be construed liberally, 552.

an award must be distinct and certain, 552.

an award must require only what can be done, 552.

an award must be reasonable, 552.

an award must be final and conclusive, 553.

an award may be open to objection in a separable part without being
void in the whole, 553.

if an award cover "all demands and questions," a party may still
show that some particular demand was not considered or included,
553.

no especial form of an award necessary, 553.

any directions contained in the submission must be obeyed by the
arbitrators, 553.

an award, not objectionable for any thing it contains, may still be
set aside for irregularity in the conduct of the arbitrators, 554.
instances of irregularity which will avoid an award, 554.

an umpire, how he may be chosen, 554.

a submission (or reference) may be under a rule or order of court,
554.

a revocation of a submission by one of the parties; when and how
it may be made, 554.

a submission under a rule of court cannot be revcked by either party
without the consent of the other, 554.

a submission out of court can be revoked by either party at any
time before an award, 555.

effect of such a revocation, 555.

when the death of a party causes a revocation, 555.

when bankruptcy or insolvency causes a revocation, 555.

after an award is fully made, neither party without the consent of
the other, and neither one nor all the arbitrators, have any control
over it, 555.

a submission, or reference, may be made by an exchange of bonds
556.

forms of submission and of awards, 556, 557.

ARBITRATORS. Same as referees. (See ARBITRATION.)

ARIZONA, Territory of, boundaries, extent, history, and condition of, 160.
ARKANSAS, boundaries, extent, constitution, history, and condition of,

142.

the right of suffrage by the constitution of, 191.

abstract of the statute law of husband and wife, and of homestead, 212.

« SebelumnyaLanjutkan »