Cases on Business Law

Front Cover
West publishing Company, 1922 - Commercial law - 1563 pages

From inside the book

Contents

5
180
12
184
15
190
19
195
23
203
Anticipatory Breach of Contract
212
Impossibility of Performance as a Condition
227
140
238
CHAPTER IV
245
Nature and Extent of the Interest Acquired by the Assignee
270
Effect of Statutes of Limitations
288
Contracts in Restraint of Trade
317
Contracts Limiting the Liability of Bailees and Other Persons
324
Other Illustrations of Illegal Contracts
330
Effect of Illegality
337
Introduction
344
Fraud
362
Contracts Made in Consideration of Marriage
368
Necessity for a Promise or Order
370
Contracts Not to be Performed Within the Space of One Year
374
Compliance with the Statute
380
CHAPTER X
388
Section 1 Introduction Duration of Offers 2 What Constitutes an Offer 3 4
443
The Contract of Carriage
451
The Contract of Pledge
467
AGENCY
484
AcceptanceTime of Taking Effect 23
505
CHAPTER I
520
37
527
CHAPTER III
565
55
573
CHAPTER IV
579
CHAPTER V
611
PART III
631
3
638
Nature of Acts or Language Essential to Constitute an Acceptance 62
660
B B BUS
673
the Instrument
725
Negotiation by Restrictive Indorsement
737
Transfer of Unindorsed Paper Payable to the Order of the Trans
743
Must be a Purchaser in Good Faith
761
Payee may be a Holder in Due Course
777
Rights of a Transferee from a Holder in Due Course of Unindorsed
794
Right of the Drawee with Respect to Instruments Payable to
798
Duress
805
Bills in a
873
Rights of the Holder Against the Accommodation Indorser
885
Rights of the Holder Against the Restrictive Indorser
898
4
915
6
921
Protest
930
Chapter
951
Further Illustrations of the Application of the Presumption
966
Contracts on Sale or Return and Contracts to Sell on Approval
976
Conditional Sales
985
Acts of Unconditional Appropriation
991
Acts of Unconditional Appropriation with Respect to Only a Portion
997
Passing of Title to Property Contracted to be Sold upon Its Delivery
1006
CHAPTER IV
1028
Unpaid Sellers Lien
1118
Right to Damages for Breach of Contract to Sell
1125
VI
1128
Implied Warranties Considered Generally
1143
Implied Warranty That the Goods shall Correspond to the Sample
1153
Implied Warranty of Fitness for a Particular Purpose
1161
Rights and Remedies of the Buyer
1183
Buyer under No Duty to Return Goods Not Accepted Because of Non
1193
6
1205
Buyers Right of Specific Performance
1212
WHAT CONSTITUTES A PARTNERSHIP
1215
What Constitutes a Partnership
1218
Partnership by Operation of Law as to Third Persons
1230
Partnerships Distinguished from Trusts for Business Purposes
1235
CHAPTER II
1241
What Constitutes Partnership Property
1259
What Constitutes Partnership Capital
1261
Acquisition and Transfer of Partnership Realty
1264
Partnership Name and Good Will
1266
Partners Interest in the Partnership
1274
Sharing of Profits and Losses
1275
Partners Right to Repayment of Contributions
1277
Partners Right of Indemnity
1278
Fiduciary Relation of Partners
1284
Partners Right to Participate in Management
1292
Partners Right to Information
1295
Partners Right to Remuneration for Services
1296
CHAPTER III
1298
Particular Powers
1302
Powers with Respect to Partnership Realty
1303
Liability of Partners When Joint or Joint and Several
1305
Right of a Creditor of a Partner in the Partners Individual Capacity with Respect to Partnership Property
1312
IV
1318
Dissolution Caused by Breach of Partnership Agreement
1319
Effect of Assignment of a Partners Interest
1323
Themselves
1325
Effect of Dissolution upon the Relations of the Partners to Third
1334
Defenses and Claims of Ownership Not Available Against Holders
1343
Limited Partnerships
1365
ix
1368
PART VI
1377
Effect of Incomplete Organization
1391
CHAPTER II
1399
CHAPTER IV
1414
Right to Participate in New Issues of Stock
1421
Voting Trusts
1428
S Right to Maintain Actions upon Corporate Causes of Action
1437
Apportionment of Interests Between Life Tenant and Remainder
1452
Defenses and Claims of Ownership Available Against Holder in
1459
Rights and Liabilities of Parties with Respect to Transfers
1465
CHAPTER V
1473
Priorities Among the Various Classes of Creditors in General
1480
Rights of Unsecured Creditors Arising upon Reorganization
1488
CHAPTER VI
1500
Powers with Respect to Foreign Corporations
1510
INDEX
1543
Undue Influence
1550
1036
1560
Copyright

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Common terms and phrases

Popular passages

Page 372 - ... upon any agreement that is not to be performed within the space of one year from the making thereof ; unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 774 - But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him is conclusively presumed.
Page 361 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 429 - ... a person shall be deemed insolvent within the provisions of this act whenever the aggregate of his property, exclusive of any property which he may have conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, with intent to defraud, hinder or delay his creditors, shall not, at a fair valuation, be sufficient in amount to pay his debts.
Page 680 - Where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty.
Page 560 - ... in case of any fraud or false swearing by the insured touching any matter relating to this insurance or the subject thereof, whether before or after a loss.
Page 777 - ... delivery may be shown to have been conditional, or for a special purpose only, and not for the purpose of transferring the property in the instrument.
Page 659 - An instrument which contains an order or promise to do any act in addition to the payment of money is not negotiable.
Page 642 - An unqualified order or promise to pay is unconditional within the meaning of this act, though coupled with — 1. An indication of a particular fund out of which reimbursement is to be made, or a particular account to be debited with the amount; or 2. A statement of the transaction which gives rise to the instrument.
Page 374 - ... unless the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.

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