American Law and Procedure, 7±Ç

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James Parker Hall, James De Witt Andrews
La Salle Extension University, 1910

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Remedies of Surety SECTION 1
41
Same continued
42
Bills and notes defined
48
authority
55
Presumption of consideration
59
Acceptance written on the bill
66
Acceptance by person not drawee
72
57
73
Indorsement must be an order to
78
Blank indorsements
81
Indorsement in trust for third person
87
CHAPTER V
93
105 Existing instrument must be acquired by holder in
99
111 Transferee must part with value in exchange for the
105
117 Purchaser with notice from holder in due course
112
Contracts of Parties to Instruments
115
Indorsement before inception
121
134 Forged indorsements
127
CHAPTER VII
133
145 When delay in making presentment is excused
136
When no place specified
137
148 Hour of presentment
138
149 Hours of presentment at bank
140
151 To whom presentment must be made
141
152 Presentment is demand of payment accompanied by exhibi tion of instrument
142
154 Dishonor by nonacceptance
143
156 Form of notice
144
158 Indication of dishonor
145
159 By whom notice may be given
146
160 Effect of notice
147
161 Notice by agent
148
163 Successive notices
150
165 Where notice must be sent
151
Illustrations
152
167 When notice dispensed with or delay excused
153
SECTION 4
155
CHAPTER VIII
157
To hold drawer
158
To hold indorsers
159
Discharge of Instrument
160
Capacity of parties
166
10
172
17
178
Creditor not bound to press his claim against principal
184
Subrogation
188
Principals setoff or counter claim against creditor as
190
By agreement between creditor and principal
199
Dealings or relations between creditor and cosurety
206
Joint obligations
212
Subrogation of surety to creditors rights
214
Securities to which surety is entitled
215
When surety can enforce securities
216
When stranger pays debt
217
When subrogation may be allowed before debt fully paid
218
What amounts to payment of debt
219
Surety a creditor of principal debtor
220
Exemptions of principal
221
Payment of specialty debt by surety
222
Against principal
223
Against other persons
225
Debt barred against principal
226
Two sets of sureties
227
Cosureties
228
SECTION 2
229
Payment by surety before maturity
230
Part payment by surety
231
Surety to one of two or more partners
232
81 Debt satisfied from suretys property
233
When suretys right of action is complete
234
Principal liable for suretys costs and interest
235
When principal is not liable
236
Warranty against illegality
302
Change of interest title or possession
308
Change of title
309
Change of interest
310
Manufacturing establishments
312
Stocks of merchandise
313
Vacancy and unoccupancy
314
Permanence of condition
315
Single buildings or series of buildings
317
Illegality
318
Conditions Applicable After Loss 81 Language of policy
319
Immediate notice of loss
320
Certificate of loss
321
SECTION 4
322
Incontestable clause
323
CHAPTER IV
324
Provisions of policies
325
Such provisions largely ineffective
326
Same continued
327
Only known causes of forfeiture are waived
328
What amounts to a waiver
330
Must the insured be prejudiced
331
Further illustration
332
Waiver before breach of insured
333
100 Waiver contemporaneous with making of policy
334
101 Waiver of conditions applicable after loss
335
102 When mere silence is a waiver
337
CHAPTER V
338
106 Perils of the sea
339
107 Collision
340
109 Barratry
341
SECTION 2
342
114 Friendly and Hostile fires
343
g115 Fires set by third persons
344
116 Losses that are recoverable
345
118 Indirect losses
346
SECTION 3
348
121 Same continued
349
122 Suicide by insane persons
350
123 Clauses covering insane suicide
351
SECTION 4
352
127 Violent
353
128 Accidental means
354
130 Accident followed by disease
356
131 Disease followed by accident
357
133 Total disability
358
CHAPTER VI
360
137 Partial loss
361
Staple articles
362
Realty
363
Nonstaple articles
364
144 Partial loss
366
146 Limited interests not definitely measurable
368
Liens
369
Vendor and vendee
370
149 Coinsurance
371
150 Subrogation to tort rights
372
Independent of order of procedure
373
152 Subrogation against carriers
375
153 Subrogation to contract rights
377
Practical considerations
379
SECTION 3
381
156 Doctrine of subrogation inapplicable
382
Trust companies
385
Bankers as collectors
398
Crimes
404
The creation of national banks
407
Construction of rule requiring prompt return of checks
417
Banks Banking and Trust Companies
443
212
451
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371 ÆäÀÌÁö - This Company shall not be liable for a greater proportion of any loss than the amount hereby insured shall bear to the whole insurance covering the property against the peril involved, whether collectible or not.
101 ÆäÀÌÁö - That it is complete and regular upon its face. (2) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact. (3) That he took it in good faith and for value. (4) 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.
48 ÆäÀÌÁö - 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.
48 ÆäÀÌÁö - A negotiable promissory note within the meaning of this, act 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 determined future time, a sum certain- in money to order, or to bearer.
158 ÆäÀÌÁö - A check must be presented for payment within a reasonable time after its issue or the drawer will be discharged from liability thereon to the extent of the loss caused by the delay.
308 ÆäÀÌÁö - ... if any change other than by the death of an insured, take place in the interest, title or possession of the subject of insurance (except change of occupants without increase of hazard) whether by legal process or judgment or by voluntary act of the insured, or otherwise...
55 ÆäÀÌÁö - ... the 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. 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.
108 ÆäÀÌÁö - Where the holder has a lien on the instrument, arising either from contract or by implication of law, he is deemed a holder for value to the extent of his lien.
37 ÆäÀÌÁö - Where the instrument is payable to order the payee must be named or otherwise indicated therein with reasonable certainty.
163 ÆäÀÌÁö - Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers. But when an instrument has been materially altered and is in the hands of a holder in due course, not a party to the alteration, he may enforce payment thereof according to its original tenor.

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