DOCUMENTS OF TITLE (continued) — estoppel by transfers of title, 305. lands and goods, 306. conveyances are intended as representations and will estop, 307. not operative merely between the parties, 308. dock warrants, etc., also so intended, 309. share certificates and transfers also so intended, 303. estoppel the true ground of decision, 311. purposes of documents of title to goods, 313. intended to be passed on, 125. signers of them estopped, 313, 314, 316. carelessness material in cases of bills of lading, 106, 316. no estoppel as to certain points, 318. when issued improperly by agents, see PRINCIPAL AND AGENT. bills of lading- estoppel of transferrer only as to stoppage in transitu, 319. 2. Negotiability, 322, 328. 3. Symbolism, 324. these three compared, 325. the true view- estoppel, 327. tendency in that direction, 330. dock warrants, etc.- early law enunciated valuable principles, 335. parliament versus the courts, 336. compared with bills of lading, 338. right to stop in transitu not affected by, 338. until statute, 339. other documents unaffected by statute, 339. shares in companies — company estopped by certificates, 340. compared with land, 340. transferrer estopped, 341. seals, 345. stolen or found, see CUSTODY OF DOCUMENTS; INDICIA OF TITLE DOWRESS- standing-by, 27. DUTY- as a requisite of estoppel, 28. estoppel proceeds upon duty, 232. as to appearance of ownership, see OSTENSIBLE OWNERSHIP. DUTY (continued) — as to appearance of agency, see PRINCIPAL AND AGENT. as to execution of documents, see EXECUTION OF DOCUMENTS. as to guarding against crime, see CRIME. of activity, see PASSIVE MISREPRESENTATION; LULLING TO REST. egoism and altruism, see EGOISM. appropriate measure of prudence, see APPROPRIATE, E. EFFECT OF ESTOPPEL (see NATURE AND EFFECT). parallel between equity under contract for sale and estoppel, 202. does an estate pass by estoppel, 206. effect under Factors Act, 208. see LEGAL ESTATE EXECUTION OF DOCUMENTS (continued) — negotiable instrument confided to another person, 439. non-negotiable instruments confided to another person, 449. deed, estoppel applies to, 345, 449. completed instruments, 452. blank instruments, 453. blanks known, 453. unknown, 455. documents stolen or found - -- negotiable instruments, 456. carelessness, 457. complete and incomplete instruments, 458. criticism of present rules, 459. egoism and altruism, 460. signed slips of paper, 463. current practice, 465. the codes, 466. non-negotiable instruments, 467. summary of chapter, 470. EXPECTED CHANGE (see ANTICIPATED CHANGE). F. FACT AND INTENTION— misrepresentation of, 68. FACT AND LAW— misrepresentation of, 72. FACT AND OPINION- misrepresentation of, 72. FACTORS- conflict between courts and parliament, 350. confusion in Factors Acts, 240. general principles sufficient for factors, 350. legal-estate considerations ignored in Factors Acts, 274. goods intrusted to one who is a factor, 351. specially accredited factor, 351. review of legislation, 353. "factors cannot pledge," 353, 368. and factor, 352, 511. corrected by statute, 355. criticism of the statute, 356. documents of title with factor "with the consent of the owner," 358. vendor retaining possession or indicia, 361. purchaser prematurely getting possession or indicia, 364. vendor's lien and stoppage in transitu affected by all documents of see LULLING INTO SECURITY; BANK PASS-BOOKS; CRIME. FRAUD- what is, 259. as affecting priorities, 259, 285. used by court of equity as against legal estate, 257. not essential to estoppel, 83. sometimes an ingredient in misrepresentation, 89. diverse views, 86. reconciliation by classification, 87. possession of goods obtained by, 302. possession of indicia of title obtained by, 303. no difference between land and goods with regard to fraud, 97. See as affecting character of change of position, 164. duty to guard against fraud as compared with crime, 48. G. GOODS (see POSSESSION OF GOODS; SALE OF GOODS; OSTENSIBLE OWNER- H. HALIFAX v. WHEELWRIGHT RULE, 185. either inaccurate or estoppel insufficiently stated, 185. possession of by third party will estop true owner, 311, 313, 315, 319, even if possession obtained by fraud, 303, 304, 312. as applied to ambulatory instruments, 407. when stolen or found, see CUSTODY OF DOCUMENTS. INDIRECT MISREPRESENTATION (see DIRECT). estopped by misrepresentation of agent, although innocently made, 96. INNOCENT PERSONS SUFFERING (see LICKBARROW v. Mason). |