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

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Alfred William Bays
Callaghan, 1923 - 1536페이지
 

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Secondary sources of the
20
Function of the courts
21
The federal reserve board
27
B Minors as Parties
39
Who are minors 39 Power of minors to contract 40 Minors liability for necessaries 41 What are necessaries
40
General rule
41
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 41 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
Duration of offer
77
Termination of offer by rejection
81
CONTRACTS
82
58 Termination by death and insanity of offeror or offeree 59 Revocation of offer 60 Contracts to keep offers open
85
Silence as acceptance
108
CHAPTER 9
116
CONTENTS XXV
117
a Fraud in the inducement or consideration 68 Fraud in the inducement defined 69 Express statements of fact as fraud Š 70 Opinions and prediction...
130
Silence as fraud
131
Silence as fraudfacts not discoverable
140
Silence as fraudcontract one uberrimae fidei
148
b Duress 77 Duress defined
149
Assignee as successor to title of assignor
154
c Undue influence 78 Undue influence definedits effect
156
d Disaffirmance and ratification of contracts voidable for foregoing reasons 79 Conditions of disaffirmance
160
Ratification
161
CHAPTER 10
165
Consideration may consist in promise or
169
The principal and agent as one person
187
Compromise of disputed claim
190
Ratification cures original defect
210
Wager contracts
215
100
221
106 Where statute allows recovery
225
Parties not in equal guilt
228
Unauthorized assertions by agent of his authority
229
Defendants contract wholly executory
231
Where contract partly legal partly illegal
232
CHAPTER 12
235
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
Admissions of agent
242
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
Warranty of authority by agent
255
Contracts for the sale of lands or interest therein Š 121 Contracts that cannot be performed within a year
256
What amounts to compliance with statute 123 The memorandum and the signature 124 Compliance by delivery and acceptance in sales 125 Compl...
260
Agent bound where no responsible principal
261
The Parol Evidence Rule 128 The parol evidence rule defined 129 Parol evidence rule permits contract partly in writing partly oral
273
Bailees lien
294
The pledge
295
PART II
296
Innkeepers
297
Common carrier defined
298
Common carriers duty of indiscriminate service
299
Common carriers duty to transport goods safely
300
Common carriers duty to transport without delay
301
Freight and demurrage
302
Documents of title defined
303
Assignability at common
304
Legislation upon documents of title
305
Bills and receipts negotiable and nonnegotiable
306
Legal meaning of negotiability as here applied
307
How negotiation of documents accomplished
308
Result of transfer of document to transfer title to goods
309
Warranties of transferor
310
PART III
311
Right of transferee of negotiable document against the issuer thereof
312
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 where sufficient signed memorandum
322
What is contract of sale within the statute
323
Duty not to interfere with contract rights
328
PART IV
336
SALES OF PERSONAL PROPERTY
349
177 In general
353
Kinds of damages in contract cases
363
Contracts for sale of personal property
369
Enumeration of rights and remedies of unpaid seller
370
PART I
377
CAPACITY OF PARTIES AND POWER OF DELEGATION
388
Authority of wife to bind husband
395
Express ratification
407
THE DUTIES AND LIABILITIES OF THE PRINCIPAL TO THE AGENT
414
Agents right of compensation where he abandons serv
420
General rule
421
Waiving benefit of exemption and similar laws
423
Effect of affixing seal
424
Omission of date 426 Antedating and postdating
426
Agent cannot take secret profits and benefits
427
144 General rule
466
CHAPTER 31
476
Presentment for acceptance necessary in certain cases
502
Definition of factor
513
By death of principal
524
SUBDIVISION I
531
CHAPTER 37
550
DEFINITION AND GENERAL NATURE
564
A Definitions and Distinctions 313 Definitions 314 Consideration called the price 315 Conditional sales defined 316 Sales distinguished from gifts
565
Necessity of firm name
578
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
Power to bind firm on negotiable paper
599
The implied warranty of fitness for purpose bought
603
De facto corporations
656
Amendment of charter First meetings and elections of directors and officers
657
Effect of retention by seller after sale
659
Opening of corporate books and records
660
CHAPTER 47
668
Liability of stockholders for payment of stock for bene
676
Right to sue for price or damages
681
Same as to third persons
683
RIGHT OF BUYER UPON NONPERFORMANCE
690
Conditional sales
704
Refiling
710
Refiling or removal
712
391z Recovery of part payment
719
FORMATION OF CONTRACTS
739
PART I
751
THE FORMATION OF THE CONTRACT
760
Suit against foreign corporation
766
To Pay a Sum Certain in Money
776
Must be Payable on Demand or at a Fixed or Determin
785
Legislative jurisdiction of the subject of bankruptcy
793
the United States
796
Delivery essential
813
Delivery presumed in favor of holder in due course
815
Incomplete instrument
816
Delivery of complete instrument containing uncancelled spaces
818
CHAPTER 54
822
CHAPTER 55
824
CHAPTER 56
831
2 What constitutes fixed or determinable future time
835
658
837
As to nature of property
839
personal privileges 841 Interests in patents patent rights copyrights and trade marks
841
Insurance policies
842
Special indorsement
843
When payable to order
844
Property transferred or money paid as preference Š 845 Fraudulent conveyances 846 Property held by bankrupt claimed by third persons
846
Property held by third person belonging to bankrupt
847
Rights to
848
Burdensome property
849
To what liens trustees title is subject
850
How payable G Composition with Creditors
870
Composition may be offered by bankrupt
871
Conditions of the composition
872
When composition set aside
873
2 Payment of less than face value as showing
881
Lack of authority of corporate officer
891
Fraud in execution
898
foreign corporation
901
CHAPTER 61
920
Notice of dishonor necessary to charge drawer and
933
CHAPTER 63
948
PART V
958
548559
966
F Where the Instrument Is Addressed to a Drawee
973
PART I
997
How partnership differs from corporation
1017
Consideration
1026
Partners right to be active participator
1039
Right of partner to sue firm
1053
RIGHTS OF THIRD PERSONS AGAINST INCOMING OUTGOING
1056
Bulk sales acts 361 Factors acts 362 Chattel mortgages
1071
Liability of incoming partner
1079
a Where no judicial proceedings are in progress to distribute
1086
DISSOLUTION OF PARTNERSHIP
1102
Dissolution by judicial decree because of partners mis
1121
DEFINITION AND CLASSIFICATION
1147
H Set Offs 1
1148
Corporate entity not allowed to defeat responsibility
1160
Corporations distinguished from partnerships
1167
PARTIES TO CONTRACTS
1182
DEFINITIONS AND KINDS OF STOCK 664 Definition of capital stock and share of stock 665 Common and preferred stock 666 Par and no par st...
1187
The certificate of stock 669 The legal nature of shares of stock
1203
CHAPTER 84
1204
CHAPTER 85
1210
In general
1222
Kinds of brokers
1227
TRANSFER OF STOCK
1241
Declaration of dividends within discretion of directors
1265
Indorsement requisite
1272
Powers of Directors
1284
A corporation as a creature of limited powers
1290
tions
1326
CHAPTER 102
1355
BANKRUPTCY
1365
The courts that have bankruptcy jurisdiction 801 The territorial limits of the courts jurisdiction 802 Jurisdiction as determined by the location of the c...
1374
Extent of jurisdiction over subject matter
1377
Jurisdiction of bankruptcy court to recover assets Š 806 Jurisdiction of state courts for that purpose 807 Summary proceedings in district court to rec...
1379
CHAPTER 105
1382
In general 812 Wage earners
1383
Persons engaged chiefly in farming or tilling the soil
1386
Occupation considered as of what date b Of corporations 815 In general 1 History of this section 2 Corporations which can file voluntary petitions 3...
1389
Corporations 817 Unincorporated companies 818 Partners and partnerships 819 Minors 820 Insane persons 821 Estates of deceased persons 822 ...
1392
In Respect to Amount of Indebtedness 823 Voluntary bankruptcy 824 Involuntary bankruptcy
1401
In general
1402
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
A What Claims Provable in Bankruptcy
1470
In respect to whether due or not 853 In respect to whether owing before or after petition filed Š 854 Claims based upon judgments 855 Fixed liabiliti...
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 Š 868 What claims have priority
1483
Preferred creditor must surrender preference
1486
Protection of bankrupt from arrest in civil cases 878 Detention of bankrupt 879 Offenses of bankrupt 880 The bankrupts exemptions
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
Del credere agencies
1517

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678 페이지 - 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.
983 페이지 - 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.
720 페이지 - 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...
580 페이지 - 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.
988 페이지 - 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.
678 페이지 - 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.
976 페이지 - 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.
851 페이지 - 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.
757 페이지 - 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.
848 페이지 - 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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