ACCEPTANCE,

Of offer, 55-81.

INDEX

[THE FIGURES REFER TO PAGES]

Time of taking effect, 55–62.

Nature of acts or language essential to constitute, 62-81.
Silence alone not acceptance, 78–80.

Silence coupled with retention of goods, 80, 81.

Of goods, nature and consequences of, 1190-1193.

Of bill of exchange, statutory definition of, 700.

See Negotiable Instruments, Bill of Exchange, etc.

ACCOMMODATION INDORSER, 885-898.
ACCOMMODATION PARTIES, 720, 885-898.
See Negotiable Instruments.

ACCORD AND SATISFACTION, 275, 276.

ACCOUNTANT, EXPERT,

Liability of, 581–583.

ACCOUNTING,

Partner's right to, 1278-1284.

ACCOUNT STATED, 276-278.

AGENCY, part II, 484-630.

In general, 484–488.

Agent's power, source and scope of, 489-496.

Selling agent, power of, 491–496.

Incidental authority, 493.

Express authority, 492.

Implied authority, 494, 495, 499-501, 505, 506, 508, 509.

Power by necessity, 495.

Power by estoppel, 490-494, 496-498, 500-503, 510-518.

Third persons must ascertain agent's authority, 499, 500, 508, 518,
519.

Secret instructions to agent, 502, 518, 519.

Money, implied power to borrow, 503, 504.

Chattels, power to sell does not arise from mere possession, 504, 505.
Single prior purchase by agent without actual authority does not es-
tablish course of dealing so as to estop principal from repudiating
subsequent purchases, 505.

Implied authority of real estate agent to sign contract of sale, 505,
506.

Implied authority of salesman to warrant quality of goods, 506, 507.
Implied authority of agent authorized to sell and convey real estate,
to make usual warranty, 507.

Implied authority of salesman to receive payment, 508.

No implied authority of agent to deliver principal's goods in pay-
ment of agent's debt, 508.

No implied authority of agent, under special authority, to sell on
credit, in absence of special custom, 508.

General power, authority to use necessary means to end is implied,
508, 509.

Implied authority of chauffeur to contract for repairs. 509, 510.
Implied authority to delegate exercise of power, 512–515.

Third party, suspicious circumstances creating disability of, to rely
upon power by estoppel, 515.

AGENCY-Continued,

[The figures refer to pages]

Implied authority of general agent with special powers, 518, 519.
Ratification, 490, 491.

See Ratification.

Disclosed principal, rights and liabilities of, 520-529.

Signature of agent's name alone, effect of, 520-522.

Signature of agent's name with description as agent, 522-526.
Knowledge of agent as knowledge of principal, 526–529.

Undisclosed principal, rights and liabilities of, 529-537.

Election to hold undisclosed principal or agent, 530, 531.

Judgment against agent, when bar to action against undisclosed
principal, 530, 531.

Accounts, settlement of, between undisclosed principal and agent, as
affecting liability of principal to third party, 531, 532.

Sealed instrument, rules of undisclosed principal not applicable to,
532.

Liability of undisclosed principal on contracts of agent in charge of
store as ostensible owner, 536, 537.
Termination of relation, 565-581.

What constitutes, 565-573.

Death of principal, 565, 571–573.

Destruction of subject-matter, 565.

Determination of principal's estate by sale, 565.

Circumstances putting third persons on inquiry as to termina-
tion, 567-571.

Notice to third parties, of termination, 565–571.

Irrevocable powers, 573-577.

Effect of termination, 577, 578.

Discharge, when justified, 579, 580, 583-586.

Incompetency, as justifying discharge, 579, 580.

Dishonesty as justifying discharge, 583-586.

Right of principal to require obedience to orders likely to cause
agent to abandon employment, 580, 581.

Rights of principal against agent, 579-596.

Incompetency of agent as giving right to recover back from agent
his compensation and damages, 581-583.

Duty of agent to keep principal's money separate from his own,
588-590.

No right to use confidential information to principal's detriment,
586-588.

Right of principal to follow funds embezzled by agent, 590-594.
Liability of remitting bank for loss occurring by reason of negligence
or insolvency of agent bank, 594-596.

Rights of agent against principal, 597-610.

When broker's commission is earned, 597, 598.

No right to use influence over principal for his own profit, 598.
Quantum meruit, agent's right to recover, 599.

Disability of discharged employé to recover for avoidable loss, 599-
601.

Constructive service, theory of, 600, 601.

Damages, measure of, for wrongful discharge, 599–601.

Right to reimbursement for expenditures for legal services, 602.

Rights of servant against master under workmen's compensation
acts, 603-610.

Third persons, relations of, to agent, 611-630.

When agent may sue third person in agent's name, 611-614.
Suit by principal as extinguishing right of agent to sue, 611.

When agent-consignee may sue carrier, 612-614.

Right of agent to sue third person for malicious interference with
contract of employment, 614, 615.

Judgment in favor of agent against third person as bar to action by
principal, 614.

Right of third person to sue agent on implied warranty of authority,
615, 616.

Rule that agent failing to bind principal is himself bound on con-
tract, 617.

AGENCY-Continued,

[The figures refer to pages]

No warranty by agent that principal has legal capacity, 617-619.
Liability of agents of unincorporated society, to third persons, 619,
620.

Liability of agent to third persons, for torts, 620-626.

Agent not liable to third person for mere breach of agency contract,
624.

When agent is not liable for tort of sub-agents, 624-626.

Agent not liable in tort action for prediction that notes will be paid,
626-630.

Distinction between misfeasance and non-feasance of agent-Effect
upon liability, 622-623, 630.

See, also, Torts of Agent.

ALTERATION,

Discharge of negotiable instrument by, 283, 938-940.

ANOMALOUS INDORSER, 886, 887.

ARBITRATION AGREEMENTS,
Legality of, 330.

ARBITRATION AND AWARD, 278.

ASSIGNMENT, 259–273.

Nature and requisites of, 259-265.

Interests capable of, 265–270.

Nature and extent of interest acquired by assignee, 270-273.
ATTACHMENT OF PROPERTY, 406–410.

AUCTION, 33.

AUTOMOBILE,

Validity and effect of statute making owner liable for injuries occasioned
by negligent operation of his automobile driven with his express or im-
plied consent, 555, 556.

BAILMENTS, 444-469.

Ordinary, 444-451.

For carriage, 451-466.

Pledge, 467-469.

BANK,

General relation of, to depositor, 864, 936.

Liability of, to depositor for dishonor of check, 868, 869.

Effect of negligence of depositor in examining returned vouchers and fail-
ure to report forgery promptly, 870, 871.

No right in drawee bank to demand indorsement of payee of check, 746.
See Negotiable Instruments; Check; Certified Checks; Drawee.

BANKRUPTCY, 283-288, 421-442.

Discharge in, 283-288.

What debts may be discharged, 284-287.

What bankrupts cannot procure a discharge of debts, 287, 288.
Provable debts, 284-287.

As remedy, 421-442.

In general, 421, 422.

Voluntary and involuntary bankrupts, distinctions between, 422-424.
Who may be voluntary bankrupts, 422–424.

Circumstances under which persons subject to bankruptcy proceed-
ings may be adjudged bankrupt, 424-433.

Acts of bankruptcy, 425-433.

Enumerated, 425.

Fraudulent conveyances, 425–427.

Preferential transfers, 427, 428.

Preferences obtained through legal proceedings, 428-430.

Making general assignment or applying for receivership or trus-
teeship, or occurrence of receivership or trusteeship, 430.
Admission in writing of inability to pay debts and willingness
to be adjudged bankrupt, 431, 432.

Act of bankruptcy must have been within four months, 432.
Time from which four months begins to run, 432, 433.

BANKRUPTCY-Continued,

[The figures refer to pages]

Administration of the estate, 433-435.

Title to bankrupt's property in trustee, 435–437.
Power of trustee to avoid transfer by bankrupt, 437.
Recovery of property and dissolution of liens, 437-439
Claims, payment of, 439, 440.

BEARER,

Of negotiable instrument, statutory definition of, 725.
BIDS,

Advertisements for, whether constituting offer, 31-33,
BILL OF EXCHANGE, 696, 700-709.

Statutory definition of, 696.

Acceptance, 700-709.

Requisites of, 700, 702-707.

Right of holder to require acceptance written on bill, 700.
Written on paper other than bill, 700, 702–707.

Promise to accept, as acceptance, 700.

Of bill incomplete, overdue, or dishonored, 700.

Subsequent acceptance as of date of first presentment, 700, 701.
Drawee may wait 24 hours to decide whether to accept, 701.
Destruction of bill, or refusal to return, by drawee, 701.

General and qualified, 701.

Effect of acceptance to pay at particular place, 701.
Conditional, 701.

Partial, 701.

Local, 701.

Qualified as to time, 701.

Of one or more drawees, but not of all, 701.

For honor, 697, 701, 871-873.

Whether neglect or failure to return bill is, 707-709.

Bills in a set, 702, 873.

See Negotiable Instruments; Presentment; Notice of Dishonor:
Protest.

BILL OF LADING,

Liability of carrier on false, 510-512.

BULK SALES ACTS, 1054-1062.

BUYER,

Implied authority of agent designated as, 501-503.
CANCELLATION,

Of negotiable instrument as discharge, 283, 937,

CAPACITY, 344–361.

In general, 344, 345.

Disaffirmance, 345–347.

Infancy, 344–361.

Ratification, 356-359.

Necessaries, contracts for, 359-361.

Necessaries, rule under Sales Act, 361.

Insane persons, 344, 345.

Intoxicated persons, 344.

Married women, 344.

Corporations, 344.

Incapacity as defense on negotiable instrument against holder in due

course, 838, 839.

CARRIERS, 451-466.

In general, 451-466.

Right of consignee to sue carrier, 613, 614.

Estoppel of, to deny agent's authority to issue false bill of lading, 510-512.

CERTIFIED CHECKS,

Effect of certification, 701, 862-865.

CHAUFFEUR,

Implied authority to contract for repairs, 509, 510.