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CONTRACTS-Continued.

in pais, ii. 792-801.

Statute of frauds, i. 541; iii. 3–60.

Statute of limitations, iii: 61-101.
general purpose of, iii. 61–67.

new promise to revive debts barred by, iii. 67-73.

part payment, iii. 73–79.

new promises and part payments by one of several joint debtors, iii.

79-86.

accounts between merchants, iii. 86-90.

when the period of limitation begins to run, iii. 90-93.

the statute exceptions and disabilities, iii. 94–99.

remedy only, and not the debt affected, iii. 99-101.

Interest and usury, iii. 102-154.

interest, what is, and when recoverable, iii. 102-105.

what constitutes usury, iii. 106-108.

immateriality of the form of, iii. 108-115.

the contract itself must be tainted with the usury, iii. 115–117.

substituted securities are void, iii. 117–122.

distinction between the invalidity of the contract and the penalty im-

posed, iii. 122-128.

accidentally usurious, iii. 128-130.

discount of notes and bills, iii. 131, 132.

charge of compensation for service, iii. 133-136.

risk incurred, iii. 137-141

in which a lender becomes partner, iii. 142, 143.

sales of notes and other choses in action, iii. 143-150.

compound interest, iii. 150-153.

legal rates of interest in the several States, iii. 153, 154.
Damages, iii. 155–233.

general ground, and measure of, iii. 155.

liquidated damages, iii. 156–163.

circumstances which increase or lessen damages, iii. 164-168.

vindictive or exemplary damages, iii. 169–177.

direct or remote consequences, iii. 177-187, 223.

breach of a contract that is severable into parts, iii. 187-189.

legal limit of damages, iii. 189–214.

in an action against an attorney or agent, iii. 190-192.

a common carrier, iii. 193, 194.

in the action of trover, iii. 195–202.

in actions of replevin, iii. 202-204.

where a vendee sues a vendor, iii. 204–208.

where a vendor sues a vendee, iii. 208–212.

whether expenses may be included in damages, iii. 212–214.
when interest is included, iii. 214.

CONTRACTS-Continued.

breach of contract to pay money or goods, iii. 215, 216.
nominal damages, iii. 217-219.

damages in real actions, iii. 220-233.

Liens, iii. 234-285.

on lien in general, iii. 234-243.

of the incidents of lien, iii. 243-249.

of the several kinds of lien, iii. 249–271.

of liens by contract, iii. 271-274.

of liens by statute, iii. 275, 276.

of equitable liens, iii. 277–285.

Stamps required by the excise law, iii. 286–349.

of the general principles of the stamp law, iii. 286-288.
of the general provisions of the statute, iii. 288-292.
what documents may be post-stamped, iii. 293, 294.
of the duty on contracts not specified, iii. 294-300.
stamps on bills, notes, checks, and money orders, iii. 300–324.
certificates, special and general, iii. 324, 325.

conveyance, mortgage, and other deeds, iii. 326-338.
powers of attorney and legal documents, iii. 333-335.
probate and administration, iii. 335–337.

of the penalties of the statute, iii. 337–339.

of pleading, practice, and evidence as to, iii. 340-348.

of relief in equity, iii. 348, 349.

Specific performance, iii. 350.

origin and purpose of, iii. 350-358.

consideration, iii. 359–363.

contracts relating to personalty, iii. 363–377.

contracts relating to the conveyance of land, iii. 377–387.

statute of frauds, in equity, iii. 387–399.

compensation, iii. 399–403.

impossibility and other defences, iii. 404–420.

of trust mortgages, so called, iii. 420–422.

Bankruptcy and insolvency, iii. 423-526.

general purpose of bankrupt laws, iii. 423-431.

history of the American bankrupt law, iii. 431–449.

under foreign laws, iii. 449-456.

tribunal and jurisdiction, iii. 457, 458.

who may be bankrupts or insolvents, iii. 458-462.

of the assignees, iii. 462-472.

what real property is transferred by, iii. 472-478.

what personal property is transferred by, iii. 478-496.

what interests do not pass, iii. 496-500.

of the question of time, iii. 501-504

what debts are provable against the estate, iii. 504–516.

CONTRACTS-Continued.

of the proof of debts, and of dividends, iii. 516–521.

of the discharge, iii. 522–525.

privileged or preferred debts, iii. 525, 526.

Constitution of the United States, iii. 527.

what are contracts within the clause respecting the obligation thereof,

iii. 527-533.

what rights are implied by grant, iii. 533, 534.

an express grant of exclusive privileges, iii. 535-545.

the relation of this clause to marriage and divorce, iii. 545–547.

bankruptcy and insolvency, iii. 548–554.

statutes of limitations, iii. 556.

police regulations, iii. 556.

The meaning of the word "obligation,” iii. 554-557.

CONTRACTUS, LEX LOCI,

(See STAMPS.)

(See PLACE, LAW OF.)

CONTRIBUTION,

when and on what principle enforced, i. 31–38.

by a surety against the representatives of a deceased co-surety, i. 32,
n. (e).

by surety against a co-surety for costs of defending suit, i. 33, n. (g).

not claim for costs if defence improper, i. 33.

not necessary to wait for a suit, i. 33.

if surety takes security, his co-sureties share in the benefit, i. 35.
discharge of one co-surety, how it affects other sureties, i. 35.
fixed and positive obligation to pay, necessary to, i. 33.

how the claim for, is presented and adjusted, i. 34, 35.

contract of, is a several contract, i. 35.

dates from the time when the relation was entered into, i. 3b.

when the right to, begins, i. 36.

none between wrongdoers, i. 37.

except where the act is of a doubtful char-

acter and done bona fide, i. 37.

controlled by circumstances, showing a different understanding, i. 37.
indorsers of accommodation paper not entitled to, i. 257.

CONVERSION,

of goods, damages for, iii. 195-202.

CONVEYANCE,

CORPORATION,

in law, persons, i. 138.

(See DEED.)

and citizens of the States where incorporated and doing business,

i. 138, n. (a).

now authority to act for them may be given, i. 138.

how it must be executed, i. 139, 141.

CORPORATION-Continued.

seal of the agent of, not the seal of, i. 110, n. (b), 140.

may employ their members as agents, i. 141.

and such members may be agents for the other contracting party, i. 141.
may be liable on contracts entered into in a manner not prescribed in
the charter, i. 141.

but not when the contracts themselves exceed their powers, i. 141.
officers of, cannot secure advantages to themselves alone, i. 141.

certificate of officers exempts stockholders from personal liability, i. 143.
what constitutes a corporate act, i. 142.

when affected with notice, i. 77.

contracts relative to the stock of, when within the statute of frauds, iii.
35, 49-51.

(See STOCK.)

specific performance whether decreed against, iii. 353, n. (h).

how may prove claim against insolvent, iii. 516.

grants to, protected by the constitution, iii. 527, n. (c), 531–533
how construed, iii. 533-537.

taking of, for public purposes, iii. 535–545.

charters of,

municipal,

CORRUPTION,

(See CHARTERS.)

(See MUNICIPAL CORPORATIONS.)

of legislation, contracts tending to corrupt, void, ii. 754.

contract tending to corrupt appoinment in private corporation, void,
ii. 754, 755.

COSTS,

no claim by surety for making needless defence, i. 33.

award of, ii. 694, notes (u), (w), 696, n. (j), 699.

amount and manner of taxing, iii. 164, n. (j).

in patent cases, iii, 165, n. (k).

when privileged claim in insolvency, iii. 525.

CO-SURETIES,

contribution between, i. 32.

representatives of deceased, liable for, i. 32, n. (e).

COUNSEL FEES,

when recoverable as damages, iii. 164, 165, 222-224, 228, n. (u).
(See LIEN.)

COUNTERFEIT MONEY,

COUPONS,

(See MONEY.)

attached to railroad bonds, negotiable, i. 291.

COURTS,

misconstruction by, proper subject of exceptions, ii. 492, n. (b).
office of, in determining the construction of contracts, ii. 492, 493.

COURTS-Continued.

what is reasonable time, ii. 535, 661.
sufficient proof of custom, ii. 543

what alteration vitiates an instrument, ii. 717;
iii. 324.

what acknowledgment will revive a debt barred
by the statute of limitations, iii. 68.

when the court will look at an unstamped in-
strument, iii. 342.

object for want of stamp, iii. 342.

clerk of, necessary to authenticate proceedings of,
(See CLERK.)

payment of money into, effect of, ii. 638, n. (s).

of the United States, imperium in imperio of, ii. 600.

COVENANT,

use of the term, i. 6.

action on, whether joint or several,

(See JOINT PARTIES.)

not to sue, i. 28; ii. 27.

annexed to land, i. 129, 231–233. .

infant not liable on, by common law, i. 314.

general words in, limited by the recitals, ii. 501, n. (u), 502, 503.

to stand seized to uses when a deed may be construed as, ii. 495, n. (g),
504.

when construed against the covenantor, ii. 506–510.

words of proviso and condition construed as, ii. 511.

dependent and independent, effect of each, ii. 528, 675.

whether dependent or independent, determined by the intention of the
parties, ii. 529.

rules for determining whether dependent or independent, ii. 529, n. (†),
676, 677.

to pay money, ii. 636.

accord and satisfaction before breach of, not a bar, ii. 688.

not to sue, effect of, ii. 713.

alteration of, ii. 724.

to repair in leases, ii. 672, n. (h), iii. 232.

damages for breach of, in the conveyance of real estate, iii. 220-233.

when covenants are a condition precedent to each other, ii. 528, 529, and
n. (r), 675–677.

to convey and settle specific lands, gives an equitable lien, iii. 282.
negative, breach of, prevented by injunction, iii. 373, n. (w).

not running with land when enforceable in equity against assignee of
covenantor, iii. 353, n. (k).

in inoperative deed may operate as an agreement, iii. 328.

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