Cases on Commercial Law: General Survey, Contracts, Agency, Bailments, Sales, Negotiable Paper, Partnerships, Corporations, Bankruptcy

Front Cover
Alfred William Bays
Callaghan, 1923 - Commercial law - 1536 pages

From inside the book

Contents

PART I
35
B Minors as Parties
39
Who are minors 39 Power of minors to contract 40 Minors liability for necessaries 41 What are necessaries
40
a Kind of advantages that may constitute necessaries b Station in life as factor c Minor already supplied d Necessaries must be actually supplied
47
Disaffirmance of minors voidable contracts a Disaffirmance
52
b Ratification
58
Tortious liability of minors in cases involving contracts
62
Other Parties Under Disability 44 Married women 45 Insane persons 46 Drunken persons 47 Aliens
66
Corporations
69
CHAPTER 8
70
Preliminary announcements intended to secure offers distinguished from offers 53 Offer indefinite
71
55 Duration of offer
77
Termination of offer by rejection
81
Termination of offer by destruction of subject matter
82
58 Termination by death and insanity of offeror or offeree 59 Revocation of offer 60 Contracts to keep offers open
85
Defendants contract wholly executory
105
Silence as acceptance
108
CHAPTER 9
116
a Fraud in the inducement or consideration
130
b Duress
149
Undue influence definedits effect
156
CHAPTER 10
165
Past
169
Compromise of disputed claim
190
POWERS OF A CORPORATION
194
Wager contracts
215
Knowledge by one of others intent to commit crime
222
Where statute allows recovery
225
Parties not in equal guilt
228
229 Unauthorized assertions by agent of his authority
229
Implied and apparent authority distinguished
230
Implied and apparent authority in general and special agencies
231
Where contract partly legal partly illegal
232
Implied and apparent power of agent to borrow money
233
Implied and apparent power of agent to bind principal
234
CHAPTER 12
235
upon commercial paper property 236 Implied and apparent power of agent who has indicia of title to sell goods
236
Implied and apparent power of selling agent to receive payment
237
Implied and apparent authority of selling agent to ex tend credit on sales
238
Implied and apparent power of buying agent to buy on credit
239
Implied and apparent power to warrant
240
Certain kinds of contracts to be in writing C Contracts Not Enforcible Unless in Writing a Nature and object of statute of frauds 114 The statute of fr...
241
117 Promises of executors and administrators
247
Promises to answer for the debt default or miscarriage of another person 119 Promises in consideration of marriage
252
Contracts for the sale of lands or interest therein 121 Contracts that cannot be performed within a year
256
c What amounts to compliance with statute 123 The memorandum and the signature 124 Compliance by delivery and acceptance in sales 125 Comp...
260
The Parol Evidence Rule 128 The parol evidence rule defined 129 Parol evidence rule permits contract partly in writing partly oral
273
PART II
296
PART III
311
General statement 149 Power to assign mere contractual rights 150 Power to assign contractual obligations 151 Power to assign contractual rights a...
315
Sale in writing oral or implied
317
Formalities required in certain cases
318
Statute not applicable if price less than a certain amount
319
Statute no defense if payment made in whole or part
320
321 Statute no defense where part delivery and acceptance of goods
321
322 Statute no defense where sufficient signed memorandum
322
What is contract of sale within the statute
323
CHAPTER 19
328
PART IV
336
DISCHARGE OF CONTRACTS BY OTHER MEANS THAN PERFORMANCE
352
In general
363
General rule
369
PART I
377
The principal and agent as one person
378
Goods delivered title passed buyer in default
383
CHAPTER 24
388
Goods tendered to buyer right to refuse acceptance
389
In general
395
Express ratification
407
Results of Ratification 210 Ratification cures original defect
413
211 Ratification irrevocable PART II
414
Agents right to damages where principal wrongfully revokes 215 Agents right to compensation where guilty of breach of contract
418
Agents right of compensation where he abandons serv ice without his own fault
420
CHAPTER 28
421
Agent cannot take secret profits and benefits
427
Duty of agent to obey instructions 222 Duty of agent to use care and skill 223 Agents duty of personal performance 224 Whether agent is selected t...
428
Liability of Agent to Principal for Default of Third Person
434
General rule
439
227 Del credere agencies
440
Admissions of agent 242 Authority of agent to receive notice
441
CHAPTER 30
466
Second exception to rule
468
246 Third exception to rule 247 Fourth exception to rule 248 Where alleged undisclosed principal had not conferred authority
469
249 Undisclosed principals right to hold third person
470
CHAPTER 31
476
General statement
491
When agent bound on sealed instruments by form
500
B Liability of Agent in Tort
508
By terms of original agreement
514
By death of principal
524
SUBDIVISION I
531
CHAPTER 37
550
CHAPTER 38
556
297 Innkeepers 298 Common carrier defined
557
Common carriers duty of indiscriminate service 300 Common carriers duty to transport goods safely
558
301 Common carriers duty to transport without delay 302 Freight and demurrage
559
CHAPTER 39
560
SUBDIVISION II
564
A Definitions and Distinctions 313 Definitions 314 Consideration called the price 315 Conditional sales defined 316 Sales distinguished from gifts
565
CHAPTER
568
Parties to sales 325 Sales of future goods 326 Destruction or deterioration of the goods before making of contract 327 Destruction or deterioration ...
581
CHAPTER 42
584
Whether alleged oral warranty provable if sale in writ
586
B Implied Warranties 331 Doctrine of caveat emptor 332 Generally of the implied warranties 333 Implied warranties in express sales 334 The imp...
594
The implied warranties in a sale by description 336 The implied warranties in a sale by sample
595
599 Power to bind firm on negotiable paper
599
337 The implied warranty of fitness for purpose bought
603
Ratification
605
Warranties do not run with personal property 339 Right of remote purchaser to sue in tort
610
Liability of stockholders for payment of stock for bene
676
370
680
Factors lien
681
391a The Uniform Conditional Sales
704
3911 Refiling
710
Refiling or removal
712
DIVISION
751
CHAPTER 50
759
In general
760
Sum certain
776
Must be Payable on Demand or at a Fixed or Determin
785
Legislative jurisdiction of the subject of bankruptcy
793
E Must be Payable to Order or to Bearer
798
799 Brief view of proceedings in bankruptcy
799
F Where the Instrument Is Addressed to a Drawee
805
Reference to mortgage given as security 422 Provision authorizing confession of judgment 421 423 Waiving benefit of exemption and similar laws...
806
Kinds of brokers
813
Delivery presumed in favor of holder in due course
815
Incomplete instrument
816
817 Unincorporated companies
817
Delivery of complete instrument containing uncancelled spaces
818
Minors
819
Insane persons
820
Estates of deceased persons
821
CHAPTER 54
822
Voluntary bankruptcy
823
CHAPTER 55
824
CHAPTER 56
831
CHAPTER 57
835
Special indorsement
843
Blank indorsement 458 Qualified indorsement 459 Restrictive indorsement 460 Conditional indorsement
844
CHAPTER 58
848
A Defenses not Available Against Holder in Due Course Personal Defenses 471 In general
881
Payment before maturity
882
Set off 474 Want of consideration
883
Failure of consideration and breach of contract 476 Fraud in consideration 477 Duress
885
Illegality of consideration
886
Lack of authority of agent known to payee 480 Lack of authority of partner
888
Lack of authority of corporate officer B Defenses Available Against Holder in Due CourseReal Defenses 482 Real defenses defined
891
Personal incapacity of defendant
892
Forgery 485 Material alteration
893
Fraud in execution
898
CHAPTER 60
901
CHAPTER 61
920
Presentment for acceptance necessary in certain cases
930
CHAPTER 63
948
PART V
958
548559
966
PART I
997
How partnership differs from corporation
1017
Auctioneers
1018
Consideration
1026
NAME CAPITAL AND PROPERTY
1028
PART IV
1056
Liability of incoming partner
1079
a Where no judicial proceedings are in progress to distribute
1086
DISSOLUTION OF PARTNERSHIP
1102
Effect of death of partner
1113
CHAPTER 77
1121
Auctioneers defined
1131
PART I
1147
Corporate entity not allowed to defeat responsibility
1160
Corporations distinguished from partnerships
1167
Power of state to alter and repeal charters 653 Form of charterspecial statute 654 Form of chartercertificate under general law 655 Form of charterillu...
1171
CHAPTER 82
1181
PART II
1187
The certificate of stock 669 The legal nature of shares of stock
1203
CHAPTER 84
1204
CHAPTER 85
1210
CHAPTER 86
1222
STOCKHOLDERS MEETINGS
1232
CHAPTER 88
1241
715 Declaration of dividends within discretion of directors
1265
PART III
1272
Powers of Directors
1284
tions
1326
Suit against foreign corporation
1340
CHAPTER 101
1355
CHAPTER 103
1365
The courts that have bankruptcy jurisdiction
1374
CHAPTER 105
1382
In general
1389
A Introductory 825 In general 826 Insolvency defined 827 Within what time act of bankruptcy must be committed B The Particular Acts of Bankru...
1402
828 Fraudulent transfers 829 Preferential payments or transfers
1407
Preferences secured through legal proceedings as acts of bankruptcy 831 General assignment for benefit of creditors as acts of bankruptcy
1414
Admission of insolvency and consent to bankruptcy
1415
CHAPTER 107
1416
CHAPTER 108
1428
Insurance policies
1445
Property held by bankrupt in trust or nature of trust 844 Property transferred or money paid as preference
1450
845 Fraudulent conveyances 846 Property held by bankrupt claimed by third persons 847 Property held by third person belonging to bankrupt
1460
Rights to
1461
849 Burdensome property 850 To what liens trustees title is subject
1464
CHAPTER 109
1470
In respect to whether due or not 853 In respect to whether owing before or after petition filed 854 Claims based upon judgments 855 Fixed liabilitie...
1471
Unliquidated claims 1 When provable 860 Unliquidated claims 2 When not provable
1480
Fines B Proof and Allowance of Claims 862 How claims proved 863 Allowance of claims C Secured and Lien Claims
1481
In general 865 The standing of a secured creditor 866 Other lien claims
1482
Claims Having Priority 867 How a claim having priority differs from a secured claim 868 What claims have priority
1483
E Claims of Preferred Creditors 869 Preferred creditor must surrender preference
1486
F Dividends on Claims 870 How payable G Composition with Creditors
1490
Composition may be offered by bankrupt 872 Conditions of the composition
1492
H Set Offs 874 Right to set
1493
CHAPTER 110
1495
CHAPTER 111
1499
B Debts Not Dischargeable 886 In general 887 General rule 888 Debts not affected by discharge 889 New promise to
1500
1 In general 2 Payment of less than face value as showing bad faith 3 Knowledge that consideration is still unperformed 466 Transferee must acquir...
1523
467 Indorsement requisite 468 Transferee of holder in due course as holder in due course 469 Burden of proof as to whether one is holder in due c...
1525

Common terms and phrases

Popular passages

Page 678 - Action for damages for non-acceptance of the goods. —(1) Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may maintain an action against him for damages for non-acceptance. (2) The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer's breach of contract.
Page 983 - A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.
Page 720 - Subject to the provisions of this Act and of any statute in that behalf, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale...
Page 580 - Any affirmation of fact or any promise by the seller relating to the goods is an express warranty if the natural tendency of such affirmation or promise is to induce the buyer to purchase the goods, and if the buyer purchases the goods relying thereon. No affirmation of the value of the goods, nor any statement purporting to be a statement of the seller's opinion only shall be construed as a warranty.
Page 988 - A promissory note is an unconditional promise in writing made by one person to another, signed by the maker, engaging to pay, on demand or at a fixed or determinable future time, a sum certain in money, to, or to the order of, a specified person, or to bearer.
Page 678 - Where there is an available market for the goods in question, the measure of damages is, in the absence of special circumstances, showing proximate damage of a greater amount, the difference between the contract price and the market or current price at the time or times when the goods ought to have been accepted. or, if no time was fixed for acceptance, then at the time of the refusal to accept.
Page 976 - And, in addition, he engages that on due presentment, it shall be accepted or paid, or both, as the case may be, according to its tenor, and that if it be dishonored, and the necessary proceedings on dishonor be duly taken, he will pay the amount thereof to the holder, or to any subsequent indorser who may be compelled to pay it.
Page 851 - That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 757 - An instrument to be negotiable must conform to the following requirements : — 1. It must be in writing and signed by the maker or drawer ; 2. Must contain an unconditional promise or order to pay a sum certain in money ; 3. Must be payable on demand, or at a fixed or determinable future time; 4. Must be payable to order or to bearer ; and, 5. Where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty.
Page 848 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.

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