ILLEGALITY, 314–343. [The figures refer to pages] Agreements in restraint of trade, 315-323. Price-fixing agreements between competitors, 315–319. Rule under Sherman Anti-Trust Law, 315–319. Agreement between manufacturer and dealer for control of prices Agreements limiting the liability of bailees and other persons, 324–328. Agreement to use political influence, 330–332, 337–342. Agreement to resign public office, 337-342. Where one party intends illegal act and other party knows or suspects Usurious contract, 333, 334. Interest necessary to make life insurance contract legal, 334, 335. IMPOSSIBILITY OF PERFORMANCE, INDEPENDENT CONTRACTOR, As distinguished from agent, 551-553. INDORSEMENT, 709–713. In general, 709. Anomalous indorser, 709. Signer not making clear in what capacity he signs, 709, 711. Indorsement must be on instrument. 712, 713, 746. See Negotiation of Negotiable Instruments, etc. As constituting contract, 30, 31, 33-36, 40-42, 53-59. LIMITED PARTNERSHIP, 1365–1376. Uniform Limited Partnership Act, 1368-1376. LIQUIDATED DAMAGES, 394-398. MARRIAGE SETTLEMENT, As promise to perform pre-existing legal duty, 111–115. MARRIED WOMEN, Contracts of, 344. MISTAKE, 290–299. In general, 290, 291. [The figures refer to pages] Mutual mistake of a matter constituting the basis of a contract, 201-293. Mutual mistake as to quantity of subject-matter, 294, 295. Mistake of seller in computing selling price, 295, 296. Reformation of deed or contract as remedy, 296, 297. Rescission as remedy, 298, 299. Mistake of fact and mistake of law, 298, 299. Mistake of drawee paying negotiable instrument, 840-854. MOTION PICTURE MANUFACTURER, Right of, under contract, to sue for accounting by distributor and to ob- Right to rescind contract with distributor, 400, 401. NEGOTIABLE DOCUMENTS OF TITLE, See Sales. NEGOTIABLE INSTRUMENTS, 631-950. In general, 631-637. Formal requisites, 638-724. Writing and signature, 639. Promise or order, 639, 640. Promise or order must be unconditional, 640-655. Indication of particular fund for reimbursement, 640. Indication of account to be debited, 640. Statement of transaction giving rise to instrument, 640-650. Effect of conditional sale stipulations embodied in note, 649, 650. Effect of reference in note to conditions in mortgage, 652, 653. Time of payment, requirement of certainty of, 656-671. In general, 656-658. Demand paper, what is, 656, 657. Determinable future time, what is, 656, 657. Contingency, instrument payable upon, not negotiable, 656, 657. Death as event certain to happen, 658, 659. Dissolution of partnership as event certain to happen, 659. Events not certain to happen, 659-661. Agreement, in note, to all extensions, 661, 662. Agreement that note shall mature at once, if maker fail to fur- nish additional security to satisfy holders, 663, 664. Acceleration clauses, 663–671. Act to be done in addition to payment of money renders instrument Authorization of confession of judgment after maturity does not de- Waiver of immunity under law does not render instrument nonnego- Agreement to pledge more collateral, 664-667. Money, requirement that instrument must be payable in, 671-684. In general, 671-673. "Current funds," etc., meaning and effect of making instrument Commodity, instrument payable in, 673-674. Gold coin of United States, instrument payable in, 675, Foreign money, 675–683. Certainty of sum to be paid, 684-688. In general, 684, 685. Sum with interest, 685. Sum to be paid in installments, 685. Sum to be paid in installments with acceleration clause as to B.& B.BUS. LAW-98 [The figures refer to pages] NEGOTIABLE INSTRUMENTS Continued, Sum with attorney's fees, 685, 686. Stipulation that rate of interest shall be higher if instrument is not paid at maturity, 686-688. Sum with exchange at fixed or current rate, 685. Negotiability, requirement of words of, 688-692. In general, 688, 690–692. Words implying "or order," 689-690. Order paper, classes of persons that may be payee, 690. Bearer paper, what is, 690-692. Certainty of payee in order paper, 691, 692. Negotiability, provisions not affecting, 692-696. In general, 692. Provision for sale of collateral securities, 692, 693. Provision giving holder election to require something in lieu Provision for waiver of immunity under law, 694. Provision authorizing confession of judgment after maturity, Failure to state place where drawn or place where payable, Seal, 696. Parties, designation of, to negotiable instruments, 696-713. Maker, 696. Drawer, 696. Drawee, 696, 699. Obligors generally, 697. Signing in trade or assumed name, 697. "I promise to pay," signed by two or more persons, 697. Liability and immunity of agent signing for principal, 697– Signature by procuration, 697. Payee, 699. Cashier, etc., as payee, 699. Acceptor, 700–709. In general, 700. Bills in sets, 702. Bank, instrument payable at, an order on bank, 696. Date of instrument, 713. Ambiguous instruments, interpretation of, 714. Consideration, 714-720. Deemed prima facie to have been issued for valuable consideration, Absence or failure of, as defense, 715–717. Burden of proof, 715-718. Value and consideration, 718-720. Accommodation party, 720., Delivery, 720-724. Statutory definition, 721. Necessity of, 720. Conditional, 720. Effect of undelivered, incomplete instrument, completed and nego- Effect of, when accompanied by oral agreement as to rights of par- Discharge, 932-950. Of maker and acceptor, 932-941. By payment, 933-937. By cancellation, 937. By material alteration, 938-940, By renunciation, 940, 941. By act which will discharge simple contract, 941, 947, 948. By acquisition of title by principal debtor, 941. Of regular indorsers, 941. Of persons secondarily liable, 941. [The figures refer to pages] NEGOTIABLE INSTRUMENTS-Continued, Of persons primarily liable, 941. Of surety, 942-950. Of accommodation party, 942-945. See Negotiation of Negotiable Instruments; Bill of Exchange; NEGOTIATION OF NEGOTIABLE INSTRUMENTS, 731-747. What constitutes, 731-733. Of order paper, only by indorsement, 727, 728, 731. Of bearer paper, by delivery, 731. Delivery, statutory definition of, 731. Issue, statutory definition of, 731. Indorsement, statutory definition of, 731. "Assignment" as indorsement, 712, 731-733. Indorsement, special, 733–734. Indorsement in blank, 734–736. Right of holder to convert blank indorsement into special indorsement, Bearer paper, if only or last indorsement is in blank, 735, 737. Right of holder to strike out indorsements, 736. Effect of special indorsement on bearer paper, 736, Guaranty as indorsement, 709-712. Restrictive indorsement, 737-741. Qualified indorsement, 741, 742. Conditional indorsement, 742. Transfer of order paper without indorsement, 743, 744. Surrender of paper to drawee, 744. Drawee bank cannot require indorsement of holder, 744–746. Indorsement of part of instrument not a negotiation, 746. Instrument paid in part may be indorsed as to residue, 746, 747. Indorsement of all payees or indorsees of paper required where they are Indorsement of paper payable to cashier, manner of, 747. Presumption that negotiation was before instrument was overdue, 747. Instrument negotiable until restrictively indorsed or discharged, 747. Effect of negotiation back to prior party, 747. NEWSPAPER, Contract to use political influence of, 330–332. NOTE, NEGOTIABLE PROMISSORY, Statutory definition of, 696. See Negotiable Instruments; Presentment; Notice of Dishonor; Ne- NOTICE OF DISHONOR. See Dishonor. NOVATION, 279–282. OFFER, 28-55. What constitutes, 28-37. As operative fact, 28, 29. Duration of, 37-55. Termination of, by some event, 38-44. By lapse of time, 38-42. By death or insanity, 43, 44. Revocation by offeror, 44-52. Words or conduct amounting to, 50. Necessity of communication to offeree, 50. Rejection by offeree, 52-55. [The figures refer to pages] OFFER AND ACCEPTANCE, Facts, legal effect of, 23-28. By correspondence, 30, 31, 33-36, 40-42, 53–59. OPTION CONTRACTS, 48-50. PAROL EVIDENCE, Not admissible to vary terms of written contract, 532. PARTNERS, Relations of, between themselves, 1241–1297. Partnership property, specific, partner's interest in, 1241-1259. Tenancy in partnership, under Uniform Partnership Act, 1241–1246. Partnership property, what constitutes, 1259–1261. Partnership capital, what constitutes, 1261–1264. Partnership realty, acquisition and transfer of, 1264-1266. Partnership name and good will, 1266-1274. Partner's interest in partnership, 1274, 1275. Sharing of profits and losses, 1275–1277. Contributions, partner's right to repayment of, 1277, 1278. Accounting, partner's right to, 1278-1284. Fiduciary relation of partners, 1284–1292. As affecting leases taken by one partner, 1284–1287. As affecting profits made by one partner, 1287-1291. As affecting profits fraudulently made by one partner at expense Right to follow funds wrongfully appropriated by copartner, 590– Does not make partner liable for honest errors in judgment, 1292. General rule, equal rights to participate, 1292. General rule, majority governs, 1292-1294. Same, exception, 1295. General rule, no partner admitted without consent of all part- Books of partnership, partner's right to inspect, 1295. Information as to all things affecting the partnership, right of Remuneration for services, partner's right to, 1296, 1297. Third persons, relations of partners to, 1298-1317. Partner's power, scope of, in general, 1298-1301. Particular powers, 1302, 1303. To make assignment for creditors, 1302. To dispose of good will, 1302. To do act making it impossible to carry on business, 1302. To confess judgment, 1302. To submit claim to arbitration, 1302. To do act in contravention of restriction on authority, 1302. To sell partnership realty, 1303. Powers arising by estoppel, 1303-1305. Liability of partners, when joint, and when joint and several, 1305- Right of individual partner's creditor against partnership property, Causes of dissolution, 1318-1324. Effect of dissolution as among partners, 1327-1333. Notice to one partner as notice to other partners, 1302. See Partnership; Dissolution of Partnership, etc. PARTNERSHIP, Part V, 1215–1376. Introduction, 1215-1217. What constitutes, 1218-1240. The relation the resuit of intention, 1218-1228. |