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

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Alfred William Bays
Callaghan, 1923 - 1536 halaman
 

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CHAPTER 3
18
Secondary sources of the
20
Function of the courts
21
The federal reserve board
27
TERMINATION OF RELATIONSHIP
36
B Minors as Parties
39
Who are minors 39 Power of minors to contract 40 Minors liability for necessaries 41 What are necessaries
40
a Kind of advantages that may constitute necessaries b Station in life as factor c 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 41 Married women 45 Insane persons 46 Drunken persons 47 Aliens
66
Corporations
69
CHAPTER 8
70
Preliminary announcements intended to secure offers distinguished from offers 53 Offer indefinite
71
Duration of offer
77
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
CHAPTER 9
116
CONTENTS XXV
117
Fraud in the inducement defined
130
Silence as fraudfacts not discoverable
140
Silence as fraudcontract one uberrimae fidei
148
Assignee as successor to title of assignor
154
Undue influence definedits effect
156
CHAPTER 10
165
Consideration may consist in promise or
169
The principal and agent as one person
187
Compromise of disputed claim
190
CONTRACTS
194
Ratification cures original defect
210
Wager contracts
215
100
221
106 Where statute allows recovery
225
Parties not in equal guilt
228
Defendants contract wholly executory
231
Where contract partly legal partly illegal
232
Implied and apparent power of agent to bind principal
234
CHAPTER 12
235
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 Š 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
By terms of original agreement
275
Notice of revocation to agent
281
Bailees lien
294
The pledge
295
PART II
296
Innkeepers
297
Common carrier defined
298
Common carriers duty of indiscriminate service
299
Common carriers duty to transport goods safely
300
Common carriers duty to transport without delay
301
Freight and demurrage
302
Documents of title defined
303
Assignability at common
304
Legislation upon documents of title
305
Bills and receipts negotiable and nonnegotiable
306
Legal meaning of negotiability as here applied
307
How negotiation of documents accomplished
308
Result of transfer of document to transfer title to goods
309
Warranties of transferor
310
PART III
311
Right of transferee of negotiable document against the issuer thereof
312
Assignment by operation of
315
Sale in writing oral or implied
317
Formalities required in certain cases
318
Statute not applicable if price less than a certain amount
319
PART I
328
DISCHARGE OF CONTRACTS
336
Meaning of phrase transfer of title
340
Goods unascertained
341
Goods ascertained
342
first rule
343
Second rule
344
Third rule
345
Fourth rule
346
Fifth rule
347
Reservation upon shipment of title in seller
348
349 Risk of loss
349
177 In general
353
Kinds of damages in contract cases
363
Contracts for sale of personal property
369
Enumeration of rights and remedies of unpaid seller
370
PART I
377
385 Enumeration of rights and remedies of buyer
385
144 General rule
388
Corporations
389
AGENCY
391
Authority of wife to bind husband
395
Express ratification
407
CHAPTER 27
414
Agents right of compensation where he abandons serv
420
Reference to mortgage given as security Provision authorizing confession of judgment
421
Waiving benefit of exemption and similar laws
423
Effect of affixing seal
424
Omission of date 426 Antedating and postdating
426
Agent cannot take secret profits and benefits
427
Admissions of agent
441
CHAPTER 30
466
Payment before maturity
473
CHAPTER 31
476
General statement
491
Presentment for acceptance necessary in certain cases
502
Liability of Agent to Principal for Default of Third
505
When notice to drawer is excused
508
PART III
511
Notice to third persons
514
By death of principal
524
SUBDIVISION I
531
Same as to third persons
550
PART I
564
A Definitions and Distinctions 313 Definitions 314 Consideration called the price 315 Conditional sales defined 316 Sales distinguished from gifts
565
Necessity of firm name
578
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 settle compromise release
602
Form of charterillustration
655
Allowing another to assert that he is owner 356 Clothing another with documentary indicia of title
656
Amendment of charter First meetings and elections of directors and officers
657
When True Owner Prevented by Statute from Asserting Title 357 In general 358 Effect of retention by seller after sale
659
Opening of corporate books and records
660
Liability of stockholders for payment of stock for bene
676
PART III
680
Right to sue for price or damages
681
Conditional sales
704
Refiling
710
Refiling or removal
712
391z Recovery of part payment
719
FORMATION OF CONTRACTS
739
PART I
751
THE FORMATION OF THE CONTRACT
760
Suit against foreign corporation
766
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
Function of the bankruptcy act to benefit creditors 3 797 Function of the bankruptcy act to benefit debtors
796
Bankruptcy discharges only money debts
798
Brief view of proceedings in bankruptcy
799
Delivery essential
813
Delivery presumed in favor of holder in due course
815
Incomplete instrument
816
Unincorporated companies
817
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
2 What constitutes fixed or determinable future time
835
658
837
As to nature of property
839
personal privileges 841 Interests in patents patent rights copyrights and trade marks
841
Insurance policies
842
Special indorsement
843
When payable to order
844
Property transferred or money paid as preference Š 845 Fraudulent conveyances 846 Property held by bankrupt claimed by third persons
846
Property held by third person belonging to bankrupt
847
Rights to
848
Burdensome property
849
To what liens trustees title is subject
850
How payable G Composition with Creditors
870
Composition may be offered by bankrupt
871
Conditions of the composition
872
When composition set aside
873
2 Payment of less than face value as showing
881
Real defenses defined
891
Fraud in execution
898
foreign corporation
901
CHAPTER 61
920
PROTEST
948
Indorsement requisite
951
GUARANTY AND SURETYSHIP
958
548559
966
F Where the Instrument Is Addressed to a Drawee
973
CHAPTER 64
997
H Set Offs 1
998
How partnership differs from corporation
1017
PART V
1021
Consideration
1026
Partners right to be active participator
1039
Right of partner to sue firm
1053
CHAPTER 73
1056
Bulk sales acts 361 Factors acts 362 Chattel mortgages
1071
Liability of incoming partner
1079
a Where no judicial proceedings are in progress to distribute
1086
The accounting between the partners and distribution
1102
General rule
1113
CHAPTER 78
1123
DEFINITION AND CLASSIFICATION
1147
Corporations defined
1148
Corporate entity not allowed to defeat responsibility
1160
Corporations distinguished from partnerships
1167
Promoters in position of trust
1181
Definition
1187
The certificate of stock 669 The legal nature of shares of stock
1203
MANNER AND EFFECT OF DISCHARGE
1204
CHAPTER 85
1210
CHAPTER 7
1222
Kinds of brokers
1227
TRANSFER OF STOCK
1241
Declaration of dividends within discretion of directors
1265
PART III
1272
Powers of Directors
1284
PART V
1289
A corporation as a creature of limited powers
1290
tions
1326
CHAPTER 98
1344
CHAPTER 100
1355
BANKRUPTCY
1365
The courts that have bankruptcy jurisdiction 801 The territorial limits of the courts jurisdiction 802 Jurisdiction as determined by the location of the c...
1374
Extent of jurisdiction over subject matter
1377
Jurisdiction of bankruptcy court to recover assets Š 806 Jurisdiction of state courts for that purpose 807 Summary proceedings in district court to rec...
1379
CHAPTER 105
1382
In general 812 Wage earners
1383
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
In general
1402
Fraudulent transfers 829 Preferential payments or transfers
1407
Preferences 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
CHAPTER 108
1428
A What Claims Provable in Bankruptcy
1470
In respect to whether due or not 853 In respect to whether owing before or after petition filed Š 854 Claims based upon judgments 855 Fixed liabiliti...
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 Š 868 What claims have priority
1483
Preferred creditor must surrender preference
1486
bankruptcy
1495
A The Discharge of the Bankrupt 881 Importance of discharge 882 Within what time discharge must be applied for 883 The petition for discharge ...
1499
B Debts Not Dischargeable 886 In general 887 General rule
1500
Debts not affected by discharge
1501
New promise to
1502
PARTIES TO CONTRACTS
1514
Del credere agencies
1517

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Halaman 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.
Halaman 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.
Halaman 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...
Halaman 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.
Halaman 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.
Halaman 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.
Halaman 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.
Halaman 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.
Halaman 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.
Halaman 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.

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