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accepted accord action actual affirmed agent agreed agreement alleged amount appellant appellee applied assignment authority bank bill buyer carrier cause charge claim collection common condition consideration considered contract corporation course court creditors damages debt Decision deed defendant delivered delivery demand deposit draft effect error evidence executed fact give given held hold holder indorsement intention interest issue judgment jury knowledge land letter liability loss matter means ment mortgage National Bank negligence negotiable notice opinion owner paid parties payee payment performance person piano plaintiff possession present principal purchase question railroad reasonable received record recover refused rendered rule says sell signed statute suit thereof tion transaction transfer trial trust unless written
Page 59 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large.
Page 145 - Where there is a contract for the sale of unascertained or future goods by description, and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer, or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer. Such assent may be expressed or implied, and may be given either before or after the appropriation is made.
Page 51 - An instrument is payable at a determinable future time, within the meaning of this act, which is expressed to be payable 1. At a fixed period after date or sight ; or 2. On or before a fixed or determinable future time specified therein; or 3. On or at a fixed period after the occurrence of a specified event, which is certain to happen, though the time of happening be uncertain. An instrument payable upon a contingency is not negotiable, and the happening of the event does not cure the defect.
Page 147 - Act, where goods are sold by a person who is not the owner thereof, and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the seller's authority to sell.
Page 144 - ... although it is to be paid 1. With interest; or 2. By stated installments; or 3. By stated installments, with a provision that upon default in payment of any installment or of interest the whole shall become due; or 4. With exchange, whether at a fixed rate, or at the current rate; or 5. With costs of collection or an attorney's fee, in case payment shall not be made at maturity.
Page 53 - An instrument which contains an order or promise to do any act in addition to the payment of money is not negotiable.
Page 159 - A person is insolvent within the meaning of this act who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due, whether he has committed an act of bankruptcy or not, and whether he is insolvent within the meaning of the federal bankruptcy law or not. (4) Goods are in a "deliverable state...
Page 151 - ... it depends in each case on the terms of the contract and the circumstances of the case, whether the breach of contract is so material as to justify the injured party in refusing to proceed further and suing for damages for breach of the entire contract, or whether the breach is severable, giving rise to a claim for compensation but not to a right to treat the whole contract as broken.
Page 486 - But this question is not left to mere reason; the people have in express terms decided it by saying, "this Constitution and the laws of the United States, which shall be made in pursuance thereof shall be the supreme law of the land...
Page 145 - Where there is an unconditional contract for the sale of specific goods in a deliverable state the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment or the time of delivery, or both, be postponed.