A Treatise on the Law of Agency: Including Not Only a Discussion of the General Subject, But Also Special Chapters on Attorneys, Auctioneers, Brokers, and Factors

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Callaghan and Company, 1889 - 979페이지
 

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Brown 56 N Y 285 68 461 470
2-18
Warren 82 Ala 557
2-18
BOOK I
2-18
How Question determined 9
2-18
Contract must have been one enforceable against Principal if author
2-18
The Element of Contingent Compensation 21
2-18
Services in prosecuting Claims
2-18
Same Rule applies to private Offices and Employments 8
2-18
Unlawful dealings in Stocks and Merchandise
27
Services in procuring Appointments to Office
28
Husband as Agent for his Wife 8 63
32
The general RuleEvery Person competent to act in his own Right
33
Same SubjectDissentExceptions 54
39
Partnerships as Agents 65
47
Same SubjectIllustrations 73
55
Purpose of the Subdivision 99
59
Same SubjectThe Rule stated 84
62
Same SubjectAuthority to fill Blanks in Deeds 94
68
Bliss 39 N Y
70
Agents Authority cannot be established by his own Statements or Admis
73
WHAT IS MEANT BY RATIFICATION
79
Partners may ratify 119
85
Importance of Question 134
90
By accepting Benefits 148
96
Same Subject Sleeping on Rights 156
102
Rule applies only to Principals 165
108
Acts of Ratification liberally construed 177
113
OF DELEGATION OF AUTHORITY
119
When originally contemplated 196
126
What Interest sufficient 205
127
Same Subject 202
132
Relief of Principal when Facts not fully known
133
Same Subject Bare Powers 208
135
What amounts to Contract for definite Time Unilateral Agreements 211
143
Revocation may be implied 219
149
Statutory Agency pot revocable at will of Principal 232
155
Wasson 53 Tex 157
157
Same Subject What Interest sufficient Instances 243
160
When Death of one of two Agents terminates Agency 251
166
Efforts to avoid Loss do Ratification
173
OF THE AUTHORITY CONFERREDITS NATURE AND EFFEOT
174
The Province of Instructions Apparent Authority cannot be limited
180
Same Subject 284
186
Person dealing with Agent must exercise reasonable Prudence 290
192
Same SubjectParol Evidence cannot contradict Writing 8 802
196
OF THE CONSTRUCTION OF AUTHORITIES
203
But not to mortgage 323
209
Burrows 47 N Y 212
212
Agent to sell merely or to solicit Orders without Possession of Goods
214
Bourland 87 m 513 745
220
Illustrations of this Rule 349
221
Has Power to agree upon Price and Terms of Purchase 365
227
Authority to collect does not authorize Sale 383
232
Negotiable Paper or Deeds delivered to Agent in Blank 394
238
BOOK III
245
When Execution lacks essential Elements 8 415
248
Same SubjectFurther Illustrations 423
259
Same SubjectGeneral Rule 433
266
Principals Removal from Office removes Subordinates
270
Same SubjectOther Cases 437
273
Eschbach 18 Md 276 224
276
Bame SubjectWhat Rules applied 442
281
Further of this Rule 444
289
How Subject divided 452
297
Baltimore Marine Ins Co v Dalrym
298
Parol EvidenceLatent and patent Ambiguities
299
Same SubjectWhat Evidence of Trust sufficient 459
303
To what Agents the Rule applies 463
311
Baltimore c R R Co v Christie
313
When Principal entitled to Agents Earnings 471
317
How when Agency is gratuitous 8 478
322
No Presumption of Disobedience 487
328
Same SubjectWhen employed in a Capacity which implies Skill 498
334
Neglect of Agent to effect Insurance
340
Same SubjectLiability of Banks 514
346
Same SubjectLiability of Mercantile or Collection Agencies 516
353
Same SubjectThe Measure of Damages 8 518
356
Account only to PrincipalJoint Principal 523
362
When Agent liable for Interest 532
368
Same SubjectIllustrations 537
374
May receive part Payment
377
Judicial Officers not liable when acting within their Jurisdiction 580
378
IN CONTRACT
380
In what Form of Action is Agent liable 549
383
Where Agent conceals Fact of Agency or Name of Principal 654
390
Nnt liable for Money paid over to Principal before Notice 661
396
Bank of Lindsborg v Ober 31 Kans
429
Jackson 20 Johns 28 600
434
When Promise to pay will be implied 601
435
Agent continuing after Expiration of Term presumed to be at prior
440
Dougherty 102 Ind 443
443
b Authority Wrongfully Revoked
447
When Right of Action accrues 624
453
Same SubjectEntire and severable Contract Right to Compensation 634
468
Agent can not recover Compensation from either Party when double
471
Same SubjectNot cut off by Assignment 650
477
For dangerous Premises 659
483
For Employment of Incompetent Servants 662
489
Same Subject Who is a FellowServant ? 668
495
Nature of Lien 8 675
504
How these Rules apply to Agents 684
510
THE DUTIES AND LIABILITIES OF THE PRINCI
517
Same SubjectOf the second Exception 698
527
SealWhen 702
533
General and Special Agents 8 709
536
When Agents Admissions and Representations binding on Principal 714
545
Where Agent discloses all the Facts relating to his Authority
546
Same SubjectOf the first Exception 722
552
Same SubjectWhen Notice to Director is Notice to Corporation 730
559
Same SubjectActs in the Course of his Employment 735
566
Liability for Agents fraudulent Act 739
575
Same SubjectLiability for excessive Force 742
584
Principals criminal Liability for Agents criminal or penal Act 746
597
The Measure of Damages against the Principal 8 751
602
In the Absence of express Agreement Law implies reasonable Compen
605
Agent may sue when he has a beneficial Interest 756
609
What Defenses open to third Person 762
615
May sue on Contracts made in his Bebalf but in Agents Name 769
623
Third Person cannot dispute Principals RightWhen 776
629
Principals Right to follow trust Funds 780
630
Same SubjectFurther IllustrationsRestrictive Indorsements 782 Same SubjectFurther IllustrationsRestrictive Indorsements
639
Possession coupled with Indicia of Ownership 787
645
Principal may recover Property appropriated to Agents uses 789
651
Principal not bound by Judgment against Agent to which he was not
658
Rules of Agency govern 8 807
659
Party may appear in Person 805
664
APPEARANCE PRESUMPTIVELY AUTHORIZED
666
Same SubjectWhat not included 813
673
Foundation of the Claim of Lien
674
Authority to receive Payment 817
682
Duty to remain loyal 823
688
Same SubjectNegligence in bringing Suit 827
694
Liability for Money collectedLiability for Interest 833
700
Attorney entitled to Reimbursement and Indemnity 840
707
Same SubjcctSecret Instructions and Restrictions
708
What Evidence not admissible 850
715
When Attorneys Claim barred by Limitation 858
721
How Lien may be lost 865
727
Whitehead 10 Watts 397
730
To what Lien attaches 872
733
In generalGood Faith and perfect Fairness required 877
736
Relation of Attorney and Client must exist 883
743
To sell in Person 911
747
Effects of Ratification
750
To obey Instructions 906
756
Liability for selling Property of Stranger 915
759
Effect of his Instructions Ş 942
764
Different Kinds of Brokers 928
765
Mercbandise Brokers 932
773
Right in Cases of first Class
779
May sell with WarrantyWhen 947
782
Duty to keep and render Accounts and pay Proceeds 955
788
Broker must bave performed Undertaking 965
799
Same SubjectIdentifying Subject matter
800
How in case of mere Middleman 973
806
In general no Right of Action on Contracts 982
811
To sell on Credit 990
817
To barter or exchange 997
823
Same SubjectInstructions to sell for Cash 1010
832
Same SubjectDel Credere Commissions 1014
834
Duty in remitting Money 1024
840
Factor entitled to Lien 1032
846
RIGHTS OF FACTOR AGAINST THIRD PERSON8
852
Same as in other Cases 8 1046
858
Authority to receive Payment not implied from Possession of Bill 837
893
IMPLIED POWERS OF BROKERS
895
To account for Proceeds
907
In general 939
Yohn 26 Penn St 482 737 788
881
How affected by Usage 940
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306 페이지 - BY the 4th section of the statute of frauds," it is enacted that " no action shall be brought whereby to charge any person upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, unless the agreement upon which such action shall be brought, or some memorandum or 'note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
458 페이지 - If, says lie, the part to be performed by one party consists of several distinct and separate items, and the price to be paid by the other is apportioned to each item to be performed or is left to be implied by law, such a contract will generally be held to be severable.
820 페이지 - ... shall be deemed to be the true owner thereof, so far as to give validity to any contract made by such agent with any other person, for the sale or disposition of the whole or any part of such merchandise...
591 페이지 - Many statutes which are in the nature of police regulations, as this is, impose criminal penalties irrespective of any intent to violate them ; the purpose being to require a degree of diligence for the protection of the public which shall render violation impossible," Many cases are cited in that case where convictions were sustained although the element of guilty knowledge was lacking.
159 페이지 - A power coupled with an interest' is a power which accompanies or is connected with an interest. The power and the interest are united in the same person. But if we are to understand by the word
27 페이지 - The generally accepted doctrine in this country is, as stated by Mr. Benjamin, that a contract for the sale of goods to be delivered at a future day is valid, even though the seller has not the goods, nor any other means of getting them than to go into the market and buy them...
646 페이지 - Their rights in such cases do not depend upon the actual title or authority of the party with whom they deal directly, but are derived from the act of the real owner, which precludes him from disputing, as against them, the existence of the title or power which, through negligence or mistaken confidence he caused or allowed to appear to be vested in the party making the conveyance.
2-18 페이지 - A servant is one who is employed to render personal service to his employer, otherwise than in the pursuit of an independent calling, and who in such service remains entirely under the control and direction of the latter, who is called his master.
648 페이지 - But if the owner intrusts to another, not merely the possession of the property, but also written evidence, over his own signature, of title thereto, and of an unconditional power of disposition over it, the case is vastly different. There can be no occasion for the delivery of such documents, unless it is intended that they shall be used, either at the pleasure of the depositary, or under contingencies to arise. If the conditions...
864 페이지 - A ratification can be made only in the manner that would have been necessary to confer an original authority for the act ratified, or where an oral authorization would suffice, by accepting or retaining the benefit of the act, with notice thereof.

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