Commentaries on the Law of Contracts: Being a Consideration of the Nature and General Principles of the Law of Contracts and Their Application in Various Special Relations, 4권

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The Bobbs-Merrill, 1913
 

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Authority of attorney to appearBy whom how and when it may be questioned 33
2857
When and how far client is bound by act of attorney 35
2859
Duty of attorney to clientConfidential communications 36
2860
Attorneys duty to exercise skill and careLiability for negligence 37
2861
Attorneys liability for negligence 40
2862
Duty of attorney to obey instructions 42
2864
Duty of attorney to account and pay over 43
2865
Compensation of attorney 44
2866
Attorneys lien
2867
Attorneys in factPower of attorney 50
2868
CHAPTER LXI
2870
Auctioneers authority 53
2871
Statute of fraudsMemorandum 54
2872
Conduct of auction sale 56
2872
Conduct of saleChilling bidsPuffing and bybidding 58
2874
When contract is madeAcceptance of bid 60
2876
Rights liabilities and remedies of buyer and seller 61
2877
Auctioneers duties and liabilities to the vendor 64
2878
Auctioneers duties and liabilities to purchaser 65
2879
Liabilities of auctioneer to third personsSale of stolen goods 66
2880
Auctioneers compensation 67
2881
Auctioneers lien 68
2882
CHAPTER LXII
2885
Relation of officers to corporation and to one anotherDealing
2886
General rules as to authority to bind corporation 71
2887
Directors 72
2888
PresidentManager 74
2888
Vicepresident 77
2889
Secretary 78
2890
The cashier 79
2891
Tellers 82
2894
Other officers and agentsMiscellaneous 83
2895
CHAPTER LXIII
2900
AuthorityHow conferred 87
2901
Extent of authorityUsage 88
2902
Implied and particular authority of factors 89
2903
Implied and particular authority of brokers 91
2903
Relation between principal and factor or brokerGeneral obliga tions of factors and brokers to principal 93
2905
Duties and obligations of brokers and factors to principals 94
2906
Rights and remedies of broker as against principalCompensation Real estate brokers 96
2906
Obligations of principal to factorLien of factor 101
2884
Liability of principal to third parties 103
2884
Rights and remedies of factor against third parties 106
2884
Rights and remedies of principal as to third parties 108
2884
Del credere factors 111
2884
CHAPTER LXIV
2897
GenerallyDistinguished from pedlers and hawkersLicenses 113
2897
No implied authority to take back or exchange 116
2897
Rejection or acceptance of agents act 117
2897
Drummers samples not ordinary baggageContracts and custom as to carriage 118
2897
CHAPTER LXV
2897
Authority of agentHow provedParol evidenceSeal 121
2897
Evidence of agencyCircumstantial evidence 122
2897
Agency inferred from relation of parties 123
2907
Habit and course of dealing 124
2908
Course of dealingActs of agent in other transactions 125
2909
Declarations and admissions of agent 126
2910
Admissions of principal 127
2911
Notice to agent as notice to principal 128
2912
Ratification 129
2913
Revocation and termination of agency 132
2916
TITLE TWO ARBITRATION AND AWARD CHAPTER LXVI
2918
Agreements for submission effect and necessity 137
2921
Manner and form of submission 140
2924
What may be submitted 142
2926
Who may submit to arbitration 145
2929
Requisites of submission 151
2935
Amendment of submission 153
2937
Revocation of submission 154
2938
Effect of submission 159
2943
Construction of submission 160
2944
Who may be arbitrators 162
2946
Appointment and oath 164
2948
Authority and power of arbitrators 166
2950
Compensation and liability of arbitrators 169
2953
Proceedings before arbitrators in generalPresence at meetings 170
2954
Time and place of hearing before arbitrators 173
2954
Notice to parties of meetings of arbitrators 174
2954
Conduct of hearing by arbitratorsWitnesses and evidence 176
2954
Manner of reaching decision by arbitratorsUnanimity 179
2957
UmpireHis authority 183
2959
Time of making award 186
2962
Form and requisites of awardPublication 187
2963
Mutuality of award 191
2963
Certainty of award 192
2963
Conformity of award with submission 196
2963
Further of conformity of award to scope of submission 198
2964
Finality of award 201
2967
Completeness of the award 203
2969
Consistency of awardPossibility of performanceReasonable nessEntirety 204
2970
Partial invalidity of award 205
2971
Correction and reformation of award 207
2971
Ratification and repudiation of award 209
2971
Construction of award 210
2971
Parol evidence to vary or explain awardArbitrators as witnesses 211
2971
Costs of arbitration 218
2971
Impeachment of awardGrounds 220
2971
Impeachment of awardMethod 225
2975
Performance of award 228
2978
Enforcement of award 230
2980
TITLE THREE BAILMENTS CHAPTER LXVIII
2985
Origin of the law of bailment 237
2987
Classification of bailments 238
2988
The consideration which supports the contract 239
2989
Principles common to all bailments and subjectmatter of a bail ment 240
2990
SECTION PAGL 2992 Delivery and acceptance of the property 241
2991
Possession of the property 243
2993
Bailees estoppel to deny bailors title 244
2995
Bailees rights to use of propertyConversion 246
2997
Care to be taken of property bailed 248
3000
Effect of special contract 251
3001
Termination of relation 252
3002
Form of action and burden of proof 254
3004
Distinction between bailment and debt sale or gift 255
3005
CHAPTER LXIX
3036
Mandates 259
3037
Delivery and acceptance 260
3038
Use of the property and expenses 261
3039
Care to be used by bailee in accomplishing the bailment purpose 262
3040
Effect of failure to obey instructions or to give special care with notice that such is necessary 264
3042
Bailees rights against bailor or third parties 265
3043
The finder of lost property 266
3044
Termination of relation and redelivery 267
3045
For benefit of baileeGratuitous loansThe commodate 268
3047
Bailors rights and duties 270
3048
The care demanded of the bailee 271
3049
Redelivery 272
3050
CHAPTER LXX
3051
Pledge distinguished from chattel mortgage and lien 274
3052
Essentials of the relation 275
3053
What may be pledged 276
3054
Title necessary to pledge goods 277
3055
Delivery in pledge 279
3057
Constructive delivery 281
3059
Delivery of negotiable instruments in pledge 283
3061
Pledge of corporate stock 284
3062
Delivery of bills of lading and other quasinegotiable papers 286
3065
Pledgees right to useExpenses and profits 288
3066
Care demanded of pledgee Collection of negotiable paper 289
3068
The pledgors warranty of title to the pledge 291
3069
Pledgors right to assign subject to pledge 292
3070
The pledgors right to redeem 293
3071
Termination of the relation by the pledgor 294
3072
Redelivery 296
3074
Commonlaw sale of the pledge 297
3075
Sale in equity 298
3076
Sale under statute 299
3077
Further of pledgees rights in case of defaultWhere pledge is chose in action or corporate stock 300
3078
Pledgors rights in case of default or in case of pledgees wrong 301
3079
Rights of purchaser at pledgees sale 302
3080
CHAPTER LXXI
3081
Contracts of hiring the use of a thing 304
3082
Creation of the relation 305
3083
Bailees right to possession and use 306
3084
Care demanded of hirerExpenses 307
3085
Bailees misuse and conversion 309
3087
Third persons and subusers 312
3090
Assignability of bailees rights 314
3092
Special classesStorekeeper or bathhouse keeper as hired bailee of personal belongings of customer or patron 315
3093
Termination of the contract of hiringRedelivery and recompense 316
3094
CHAPTER LXXII
3098
Creation of the relation 321
3099
Diligence and skill required of bailee 323
3101
Expenses and insurance 326
3104
CompensationWhere work completed but not according to contract 328
3106
CHAPTER LXXIII
3111
Warehouse receiptsTheir effect and assignability 335
3113
Warehouse receipt as a contractIts effect in limiting liability 337
3117
Further of the warehousing relationshipWarehousemans lien 341
3120
Wharfingers 343
3121
Safedeposit companies 344
3122
Public officers as bailees 345
3123
Other bailments for custodyAgisters and livery stable keepers 346
3124
CHAPTER LXXIV
3125
Who are innkeepers 348
3126
Who is a guestTransient character of the relationship 350
3128
A guest must receive accommodations of the inn as such 352
3130
Innkeepers duty to receive all comers 354
3132
Innkeepers liability for the goods of his guests 355
3133
For what goods innkeeper is liable 357
3135
Limitation of liability 358
3136
Innkeepers liability for the safety and protection of his guests 360
3138
Innkeepers lien 361
3139
Termination of relation 362
3140
Innkeeper as ordinary bailee 363
3141
The postoffice department as bailee 364
3142
CHAPTER LXXV
3144
Common carrier defined 367
3145
Private carriers 368
3146
Further of distinctionsExceptions to rules 370
3148
Further of elements necessary to constitute common carrier 370
3150
Who are not common carriers 374
3152
Common carriers extraordinary liability as bailee 375
3153
CHAPTER LXXVI
3155
Place of delivery 379
3157
To whom delivery must be made 380
3158
Constructive delivery 381
3159
Completion of delivery and acceptance by carrier 382
3160
Notice to carrier of delivery 383
3161
Delivery to connecting carrier 385
3163
CHAPTER LXXVII
3166
Authority to give bill of lading 389
3167
Operation of bill of lading as receipt 390
3168
Bill of lading as a contract 392
3170
Conflict between bill of lading and parol contract 393
3171
Mutual assent 394
3172
Transfer of title to goods by transfer of bill of lading 395
3173
Recitals in bill of lading as to condition or character of goods received
3174
Bill of lading as evidence of title 397
3175
Bill of lading with draft attached 399
3177
CHAPTER LXXVIII
3179
Duty to furnish sufficient accommodations 402
3180
Duty to furnish suitable accommodations 404
3182
Duty to furnish cars suitable to particular classes of freight 405
3183
Duty to show no preference 406
3184
Duty as to manner of carriage 408
3186
Duty to obey shippers directions 409
3187
Carrier must choose safest route where more than one 410
3188
Special duties arising under special contractEffect of deviation from contract 411
3189
Contracts to carry within certain time 412
3190
Care of goods in emergencies 413
3191
Carriers fiability for loss 415
3193
What is considered act of God 416
3196
Burden of proof 420
3198
What is meant by loss caused by public authority 421
3199
Loss caused by act of shipper 422
3200
Statutory exceptions to carriers liability 423
3201
Special circumstances may increase duty not to delay 424
3202
Excuses for delay 425
3203
Duty to delay under some circumstances 426
3204
CHAPTER LXXIX
3205
Limitation of liability by notice 428
3206
Essentials of the contract 429
3207
What is a special contract 430
3208
Contract may be in parol 431
3209
Notices informing of carriers regulations 432
3210
To be effectual the terms of limitation must be part of contract 432
3211
Character of limitations 434
3212
Limitation of amount of liability 435
3213
Effect in case of abandonment or completion of contract 438
3214
Limitation of time in which claim for loss must be made 439
3215
When limitation does not applyWaiver 441
3217
Condition precedent and burden of proof 442
3218
Effect of contract limitations in case of negligence 443
3219
Authority of shippers or carriers agent to limit liability 444
3220
Construction of contracts limiting liability 445
3221
Construction of exceptions found in bills of water carriers 448
3222
Act of carrier which prevents taking advantage of contract limita tionsDeviation or departure from contract 449
3223
When connecting carrier obtains benefit of contract made by initial carrier 450
3224
Consideration for contract limiting liability 452
3226
CHAPTER LXXX
3230
On what goods entitled to freight 455
3231
Amount of compensation 456
3232
Who must pay the freight 457
3235
Method of calculating compensation 458
3236
Method of calculating freight pro rata itineris 460
3238
Transhipment at rate different from original rate agreed upon 461
3239
Demurrage 462
3240
Construction of special clauses in demurrage contracts 463
3241
Demurrage where contract is silent as to time of unloading 464
3242
Cesser clause and lien for demurrage 466
3244
Charges for special services 467
3247
Discrimination in freight charges 468
3248
Carriers special property in goods and general rights as bailee 469
3249
When subrogated to owners rights 470
3250
Authority to sell 471
3251
Right to know character of goods offered for carriage 472
3253
CHAPTER LXXXI
3258
Delivery to right person 479
3259
Place of delivery 482
3262
Where goods are shipped to a certain place 483
3263
Delivery by water carriers 484
3264
Delivery by railroads 487
3267
New Hampshire rule 488
3268
New York rule 489
3269
When notice unnecessary or immaterial 489
3270
Liability as warehouseman 491
3271
Delivery by express companies 492
3272
Carrying goods C 0 D 493
3273
Consignees rights as to C O D shipments 494
3274
Excuses for nondeliverySeizure under legal process 495
3277
Receipt for delivery 499
3279
Delivery to connecting carrier and liability of connecting carrier In general 500
3280
Who is a connecting carrier 501
3281
Contract for through carriage 502
3282
Authority to make through contract 504
3282
Which carrier is liable to consignee 505
3283
Compensation of connecting carriers 507
3285
Delivery to connecting carriers 508
3286
CHAPTER LXXXII
3290
Duty to carry 513
3291
Carriers duty as to accommodations 514
516
Care of the stock in transit 515
517
Liability for loss or delay
519
Special contract and limitation of liability
520
Statutory regulation
521
Termination of relation and delivery
522
Delivery to connecting carrier
523
CARRIERS OF PASSENGERS 3305 Defined and distinguished
524
Who must be carried
526
Creation of relationOffer to become passenger
527
Acceptance by carrier
528
3310 Duties of carrier toward passenger
532
Carriers duty as to accommodations
533
Duty to protect passengers from third persons
536
Violation of carriers duties toward passenger considered as breach of contract or as tort
537
Carriers rules and regulations
538
Ejection for failure to comply with regulations or because of faulty ticket
539
Carriers right to compensation
541
Ticket as a contract
542
Conclusiveness of ticket
544
Loss of ticket
545
Stopover privileges
546
Time limitations
548
Transfer of ticketsNontransferable tickets
549
Excursion tickets and roundtrip tickets
550
Mutilated ticketsShowing ticket before admission to train
551
Limitation of liability by contractWhere one travels on pass
553
Limitation of liability where fare paid
555
Termination of relation of carrier and passenger
556
Duty to stop at stations to announce stations to conform with schedules and to give passenger proper instructions
557
Sleeping and parlorcar companies
559
Sleepingcar tickets
560
Form and negotiability of a promissory note
574
Meaning of the law merchant
575
Negotiability in general
576
Assignability in general
577
Duration and extent of negotiability
578
Quasinegotiable instruments
579
CHAPTER LXXXV
582
Forms and requisites of bills and notes
583
Instrument must be in writing
584
Antedating and postdating instruments
585
Designation of parties
586
SameDesignation of parties
587
Designation of payee
589
Designation of drawee
591
Necessity for order or promise to pay
592
Provision for payment of money
593
Provision for attorneys fees and costs of collections
594
How money designated
595
The amount must be certain
596
Time of payment must be certain
597
Designating place of payment
599
Words expressing consideration
600
Signature necessity form and position of
601
SealNecessity for and effect
602
Contemporaneous agreements
604
Conflict of law
605
Law of place of contract governs
607
The original contract of the drawer
608
Contract of drawee
610
Contract of maker
611
Contract of guarantor
612
Contract of surety
613
Capacity of parties to contract
615
Delivery of instrument
616
Consideration necessity for
617
Sufficiency of consideration
619
Valuable consideration
620
Accommodation paper
621
Love and affection
622
Consideration for extension
623
Validity of consideration
624
CHAPTER LXXXVI
626
AcceptanceNecessity for
628
By whom acceptance made
629
When acceptance implied
630
Acceptance of incomplete bill
631
Qualified or conditional acceptance
632
Effect of acceptance
633
CHAPTER LXXXVII
635
Time of transfer
636
Transfer by indorsement
637
Striking out indorsement
638
Transfer by blank indorsement
639
Transfer by special indorsement
640
Transfer by delivery
642
Effect of transfer upon equities
643
Liability of transferrer by indorsement
644
Liability of transferrer by delivery
646
Transferrers implied warranties
647
CHAPTER LXXXVIII
648
Maturity of paper payable on or before or after a fixed time
649
Maturity of paper payable on or after demand
650
Days of grace
651
Effect of extension or renewal as between parties
652
Effect of extension or renewal as discharge of other parties
653
What constitutes an extension or renewal
655
Effect of laches
656
CHAPTER LXXXIX
658
What is usual course of business
659
Holder without notice
660
Necessity for presentment for payment and demand
662
Time for presentment or demand
663
Place of presentment or demand
664
Special classes of hiring the use of a thingProperty for ex hibition 314
665
To whom presentment should be made
666
By whom presentment may be made
667
Waiver of presentment and demand
668
Discharge by payment
669
Payment for honor
671
Discharge by cancelation and surrender
672
Discharge by accord and satisfaction
673
Discharge of persons secondarily liable
675
Notice of dishonor
676
By whom and when notice of dishonor given
677
To whom notice of dishonor given
678
Time of giving notice of dishonor
679
When notice of dishonor unnecessary
680
Waiver of notice of dishonor
681
TITLE FIVE BONDS CHAPTER XC
683
General nature and essentials of bonds
684
Parties to a bond
685
Form and contents in general
686
Execution in general
687
Effect of partial execution
688
Filling blanks
689
Acknowledging attesting and recording
690
Delivery and acceptance
691
Consideration
692
Duress fraud and mistake
693
Commonlaw bonds and their validity
694
ConstructionGeneral rules
695
Construction with respect to parties
696
Construction with respect to liability
697
Construction with respect to performance
698
Construction with respect to cancelation and rescission
699
Negotiability of bonds
700
Mode of transfer of bonds
701
Interest or title passing by transfer
702
Payment or release after assignment
703
Rights of assignee or transferee
704
Bona fide purchasers in general 705 3
705
Obligation to perform condition
707
Performance by payment
708
Breach of condition
709
CHAPTER XCI
711
Bonds given in legal proceedingsAttachment bondsAmount
712
Bonds given in legal proceedingsAttachment bondsApproval
713
Bonds given in legal proceedingsAttachmentForthcoming bonds
714
Bonds given in legal proceedingsExecutionsForthcoming bonds
715
Bonds given in legal proceedingsAppeal bonds
716
Bonds given in legal proceedingsAppeal bondsAmount
717
Bonds given in legal proceedingsBail bonds in civil actions
718
Bonds given in legal proceedingsBail bonds in criminal actions
720
Bonds given in legal proceedingsInjunction bonds
721
Bonds given in legal proceedingsAdministration bonds
723
Bonds given in legal proceedingsGuardiansbonds
726
CHAPTER XCII
728
Private indemnity bondsAgents bonds
730
Private indemnity bondsContractors bonds
731
Private indemnity bondsContractors bonds for city and other work
732
Private indemnity bondsContractors bonds for county and mu nicipal work
735
Private indemnity bondsContractors bondsThird parties
736
Private indemnity bondsExtent of contractors bonds
737
Private indemnity bondsContractors bondsRight of surety
738
Private indemnity bondsContractors bondsAgainst liens
739
Private indemnity bondsContractors bondsAgainst liensEx tent of liability
741
Private indemnity bondsLiquor dealers bonds
742
Private indemnity bondsEmployés bonds
743
Private indemnity bondsEmployés bondsDuty of employer
745
Private indemnity bondsAuctioneers bonds
746
Private indemnity bondsAbstracters bonds
747
Private indemnity bondsBank officers bonds
749
CHAPTER XCIII
751
Municipal bondsPower to issue
752
Municipal bondsForm and mode of execution
753
Municipal bondsPrescribed mode must be followed in execution of power
754
Municipal bondsExecutionSignature
755
Municipal bondsExecutionSeal
756
Municipal bondsExecutionDate
757
Municipal bondsExecutionTo whom made payable
758
Municipal bondsExecutionPlace of payment
759
Municipal bondsExecutionTime of payment
760
Municipa bondsExecutionDenomination and amount payable
761
Municipal bondsDelivery
762
Municipal bondsNegotiability
763
Municipal bondsTransfer and sale
764
CHAPTER XCIV
766
Corporate bondsFormalities in preparation and issue
767
Corporate bondsFormalities in executionSeal
769
Corporate bondsKinds and classes
771
Corporate bondsNegotiability
772
Corporate bondsPurchasers and bona fide holders
773
Corporate bondsCoupons
775
Corporate bondsPayment
776
CHAPTER XCV
778
Official bondsDelivery approval and filing
779
Official bondsEffect of irregularities in execution of bond
780
Official bondsAlterations and forgeries
782
Official bondsEligibility and title of principal to office
783
Official bonds Liability of surețies limited to the term
784
Official bondsLiability continued after the term
785
Official bondsLiability of sureties for acts outside official duty
786
Official bonds Liability of sureties on bond of officer for illegal arrest
787
TITLE SIX BUILDING CONSTRUCTION AND WORKING CONTRACTS CHAPTER XCVI
788
Contracts with architects
789
The plans and drawings
792
Right on death of architect
794
Power of architect
796
Liabilities of architect to builders
799
CHAPTER XCVII
800
Bill of quantities
803
Tenders
805
CHAPTER XCVIII
808
Written contracts
810
Mutuality of contract
813
Contracts with corporations
814
Liability of infants
815
3636 Request for bids and acceptance of bids
816
Parties to the contract
817
Delivery and recording of the contract
818
Acceptance by implication
819
Architects and superintendents certificates
820
Partperformance certificate
821
Performance to satisfaction of owner
822
Provisions for payment for labor and materials
823
Provision for arbitration
824
CHAPTER XCIX
827
Refusal to submit to arbitration
828
Distinction between award by arbitration and certificate stipulated for in the contract
829
Consequence of defective work
830
Joint and several contracts
836
Contract provision for termination or rescission
848
Entire and severable contracts
857
Substantial performanceQuestion of factGeneral rule and tests
864
Part performance Completion prevented by ownerQuantum
873
Performance prevented by destruction of the premises
880
Acceptance and waiver of defective performance
892
3707 Performance to satisfaction of architect or engineer
895
Performance to satisfaction of architectIllustrative cases
900
Performance to satisfaction of architectNecessity binding effect and waiver of certificate
902
Performance to satisfaction of owner
906
Merger
909
Time of performanceReasonable time
912
Extension of time for performance
917
Waiver of time limit
920
Time words
922
Waiver by extension of time
923
Effect of extras and alterations as to time
925
Other excuses for delays
926
Abandonment of work by contractor
927
Completion of structure or work by owner
928
CHAPTER CIV
933
When final certificate not required
939
Waiver of architects certificate
941
When payment must be made
942
Liability for compensation
946
PaymentsHow made
949
Enforcement of payment
950
CHAPTER CV
953
What constitutes extras
954
Special stipulations as to extras
956
Price of building named in contractEffect of tenders
960
Extras independent of the contract
961
Extras impliedly authorized
963
Valuing extra work
964
Authority of architect or engineer to order extras
965
Liability for extras
966
Right of contractor to perform extra work
970
CHAPTER CVI
972
Specific performance sometimes granted
974
Building contracts not usually enforced
976
CHAPTER CVII
980
Distinction
982
Forfeitures generally
983
Instances and effect of penalties
984
Instances of liquidated damages
985
Instances and effect of forfeitures
986
Enforcement on breach of contract
987
Measure of damages
988
CHAPTER CVIII
991
Effect of insolvency or bankruptcy of party
993
CHAPTER CIX
995
Passing of title
996
Express clauses
1000
Buildings erected upon land of another without his authority
1001
CHAPTER CX
1002
Statutes relating to contractors bonds
1003
Failure to comply with statutes
1004
Conditions in bond affording right of action
1008
Effect of illegality of the contract
1009
Privity between beneficiaries and obligee
1010
Bonds executed to wrong obligees
1011
TITLE SEVEN DEEDS AND CONVEYANCING CHAPTER CXI
1014
Disability of infantsNo estoppel by declaration of age
1016
Disability of infantsMarried women under age
1017
Disability of infantsWho may affirm or disaffirm minority
1018
Disability of infantsWhat amounts to an affirmance
1019
Disability of infantsWhat amounts to a disaffirmance
1021
Disability of infantsRestoration of purchasemoney
1022
Disability of married womenIn general
1023
Disability of married womenConveyances between husband and wife
1025
Disability of insane personsPresumption and proof regarding insanity
1026
Disability of insane personsDeed of insane persons under guardianship
1027
Disability of insane personsConfirmation and disaffirmance of deed
1028
Disability of insane personsRestoring consideration on disaffirm ance
1029
Disability from drunkenness
1030
Disability from duressIn general
1031
Disability from duressDuress renders deed voidable only
1032
Disability from undue influenceWhat constitutes undue influence
1033
Disability from undue influenceConfidential relation of parties
1035
Disability from undue influenceRelation of parent and child
1036
Disability from adverse possessionAt common law and under statutes
1037
Disability from adverse possessionWhat constitutes adverse pos session
1038
Capacity of corporations as vendors
1039
Capacity of corporations as purchasers
1040
Capacity of aliens to purchase and convey real estate
1041
Capacity of convicts to take and convey real property
1043
CHAPTER CXII
1045
Deeds of conveyanceDefinitionsForm
1046
Distinguished from other instruments
1047
Various species classified and distinguished
1048
Designation of partiesThe grantor
1051
Designation of partiesThe grantee
1053
Partnerships as parties
1055
Corporations as parties
1056
Recitals their use and effect
1057
ConsiderationNecessity for
1059
ConsiderationWhat is a valuable consideration
1060
ConsiderationMarriage a valuable consideration
1062
ConsiderationAntecedent debt as a valuable consideration
1063
ConsiderationVoluntary conveyances
1064
ConsiderationRecital of payment of
1065
Operative words
1066
Description and boundariesGeneral considerations
1067
DescriptionCertainty required
1068
DescriptionFatal uncertainty
1069
DescriptionMonuments their controlling effect over courses and distances
1070
Description Streets and highways as boundaries
1071
DescriptionTide waters on boundaries
1072
DescriptionRivers and streams as boundaries
1074
DescriptionLakes and ponds as boundaries
1075
DescriptionReference to maps and surveys
1076
Exceptions and reservationsTerms distinguished
1077
Exceptions and reservationsParticular cases
1079
Exceptions and reservationsWhether personal or agpurtenant to the land
1081
The habendumOffice and effect
1083
The habendumNaming of grantee
1084
The habendumUse of word heirs in limiting estates in fee
1085
The habendumThe rule in Shelleys case
1086
The habendumEstates tail
1088
Conditions precedent and subsequentHow created
1089
Conditions precedent and subsequentConditions subsequent not favored in law
1091
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617 페이지 - ... 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.
603 페이지 - In order, however, that any such instrument when completed may be enforced against any person who became a party thereto prior to its completion, it must be filled up strictly in accordance with the authority given and within a reasonable time. But if any such instrument, after completion, is negotiated to a holder in due course it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up strictly in accordance with the authoritjgiven and within a reasonable...
589 페이지 - The instrument is payable to order where it is drawn payable to the order of a specified person or to him or his order. It may be drawn payable to the order of — 1. A payee who is not maker, drawer, or drawee; or 2. The drawer or maker; or 3. The drawee; or 4.
660 페이지 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were nonnegotiable. But a holder who derives his title through a holder in due course...
671 페이지 - Where a bill has been paid for honor, all parties subsequent to the party for whose honor it is paid are discharged, but the payer for honor is subrogated for, and succeeds to, both the rights and duties of the holder as regards the party for whose honor he pays and all parties liable to the latter.
593 페이지 - ... 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.
597 페이지 - Where the sum payable is expressed in words and also in figures and there is a discrepancy between the two, the sum denoted by the words is the sum payable; but if the words are ambiguous or uncertain, reference may be had to the figures to fix the amount; 2.
660 페이지 - A holder in due course holds the instrument free from any defect of title of prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable thereon.
650 페이지 - An instrument is payable on demand — 1. Where it is expressed to be payable on demand, or at sight, or on presentation; or 2. In which no time for payment is expressed. Where an instrument is issued, accepted, or indorsed when overdue, it is, as regards the person so issuing, accepting, or indorsing it, payable on demand.
679 페이지 - When any party is dead, and his death is known to the party giving notice, the notice must be given to a personal representative, if there be one, and if with reasonable diligence he can be found. If there be no personal representative, notice may be sent to the last residence or last place of business of the deceased.

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