McMaster's Commercial Decisions Affecting the Banker and Merchant [from the Decisions of the Highest Courts of the Several States], [1879-1913], Vol. 1-12, 15, 16, Volume 15 |
From inside the book
Results 1-5 of 99
Page xx
... matter or of the extent of his rights con- cerning the same . Page 119a , No. 1460 . Any negligence of the cashier of a bank in accepting a renewal note without examining it to see if it was signed by the directors of the maker ...
... matter or of the extent of his rights con- cerning the same . Page 119a , No. 1460 . Any negligence of the cashier of a bank in accepting a renewal note without examining it to see if it was signed by the directors of the maker ...
Page xxi
... matter of a trust . Page 146a , No. 1475 . EXECUTORS TORS : AND ADMINISTRA- When an administrator filed only a first account , on which no action was taken until after his death , de- cree upon the second account , pre- sented by the ...
... matter of a trust . Page 146a , No. 1475 . EXECUTORS TORS : AND ADMINISTRA- When an administrator filed only a first account , on which no action was taken until after his death , de- cree upon the second account , pre- sented by the ...
Page xxii
... matter thereof , evidence held not to show any concealment in view of the fact that no inquiry was made by insurer about the matters alleged to have been concealed ; " ' concealment " being an intentional withholding of any fact ...
... matter thereof , evidence held not to show any concealment in view of the fact that no inquiry was made by insurer about the matters alleged to have been concealed ; " ' concealment " being an intentional withholding of any fact ...
Page 30
... matter of fact , would throw the whole business world into confusion and leave written con- tracts literally not worth the paper on which they were written . In some cases of fraud exceptions are made to this rule , but they are not ...
... matter of fact , would throw the whole business world into confusion and leave written con- tracts literally not worth the paper on which they were written . In some cases of fraud exceptions are made to this rule , but they are not ...
Page 43
... matter . Such was held to be the case in Siegle v . Des Moines Mutual Hail Ins . Ass'n , Decision No. 1414 , where there was a dispute as to the amount of the loss under a policy of insurance . The company sent the insured a check for a ...
... matter . Such was held to be the case in Siegle v . Des Moines Mutual Hail Ins . Ass'n , Decision No. 1414 , where there was a dispute as to the amount of the loss under a policy of insurance . The company sent the insured a check for a ...
Common terms and phrases
accepted accord and satisfaction action affirmed agent agreed agreement alleged amount appellant appellee applied assignment authority bill of lading Buffalo buyer cash chattel mortgage claim common carrier condition contract corporation creditors damages Damek debt Decision deed of trust defendant defendant's delivered delivery deposit depositor draft error estoppel evidence executed fact fraud Furnace held holder Howell county indorsement interest judgment jury land liability loss lumber maker maturity ment mortgage National Bank negligence Negotiable Instruments notice owner paid parties payable payee payment person piano plaintiff plaintiff in error possession Potts & Lynch present principal promissory note purchase question railroad company reasonable receipt received recover rendered rule sell seller Starr Piano Company statute stipulation subrogation suit supra Supreme Court sureties thereof tion transaction transfer trial Union Iron Company Vaughan
Popular passages
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.