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

Alfred William Bays

Callaghan, 1923 - 1536 páginas

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DIVISION A GENERAL SURVEY	1

CHAPTER	3

cscorcoscos 1 What is law 2 International law 3 National or municipal law 4 Branches of municipal law CHAPTER	4

THE BRANCHES OF MUNICIPAL LAW 5 Constitutional law 6 The federal constitution 7 The state constitutions 8 Administrative law 9 The law o...	8

CHAPTER 3	18

THE JUDICIAL SYSTEM	29

CHAPTER	32

PART I	35

391z Recovery of part payment	719

PART I	751

CHAPTER 50	759

EXPRESSIONNEGOTIABLE FORM 1 FORMAL REQUISITES	760

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 in the United States	793

The extent of the federal power constitutionality of present	794

TERMINATION OF RELATIONSHIP	36

B Minors as Parties 38 Who are minors 39 Power of minors to contract	39

Minors liability for necessaries 41 What are necessaries	40

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

42 Disaffirmance of minors voidable contracts a Disaffirmance	52

b Ratification	58

Tortious liability of minors in cases involving contracts	62

105	63

Other Parties Under Disability 44 Married women 45 Insane persons 46 Drunken persons 47 Aliens	66

48 Corporations	69

CHAPTER 8	70

52 Preliminary announcements intended to secure offers distinguished from offers 53 Offer indefinite	71

Duration of offer	77

56 Termination of offer by rejection	81

57 Termination of offer by destruction of subject matter	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

a Fraud in the inducement or consideration 68 Fraud in the inducement defined 69 Express statements of fact as fraud 70 Opinions and predictions n...	130

Silence as fraud	131

Silence as fraudfacts not discoverable	140

Silence as fraudcontract one uberrimae fidei	148

Silence as fraudrelationships of trust and confidence 76 Summary of what constitutes fraud b Duress 77 Duress defined	149

c Undue influence 78 Undue influence defined its effect	156

d Disaffirmance and ratification of contracts voidable for foregoing reasons 79 Conditions of disaffirmance	160

Ratification	161

CHAPTER 10	165

86 Promise to perform unexecuted contract	169

88 Compromise of disputed claim	190

POWERS OF A CORPORATION	194

Usurious contracts	210

Contracts tending to corrupt the public service	217

Judicial Remedies in Illegal Agreements	225

107	232

115	241

Promises of executors and administrators	247

The Parol Evidence Rule	273

PART II	296

PART III	311

Sale in writing oral or implied	317

CHAPTER 19	328

PART IV	336

DISCHARGE OF CONTRACTS BY OTHER MEANS THAN PERFORMANCE	352

177 In general	363

180 General rule	369

PART I	377

The principal and agent as one person	378

Enumeration of rights and remedies of buyer	385

CHAPTER 24	388

391 Goods delivered to buyer buyers right to accept and	391

In general	395

Express ratification	407

Results of Ratification	413

THE DUTIES AND LIABILITIES IN CONTRACT OF A DISCLOSED	414

216 Agents right of compensation where he abandons serv	420

coscoscoscos 888888888888 888888888 421 Reference to mortgage given as security	421

220 Agent cannot take secret profits and benefits	427

Del credere agencies	440

General rule	441

548559	448

CHAPTER 30	466

scoscoscos	476

General statement A Liability of Agent in Contract a The agent warrants his authority 255 Warranty of authority by agent b Agent may bind himself...	491

256 General statement 257 Principal undisclosed	495

When agent bound on sealed instruments by form of his execution 259 When agent bound on negotiable paper by form of his execution 260 When...	500

Agent bound where no responsible principal B Liability of Agent in Tort 262 Agent responsible for his torts	508

PART III	511

263 Definition of factor 264 Duties of factor	513

By terms of original agreement	514

oscoscoscoscos	524

SUBDIVISION I	531

Kinds of bailments	537

Bailees lien 295 The pledge	550

CHAPTER 38	556

Innkeepers 298 Common carrier defined	557

Common carriers duty of indiscriminate service 300 Common carriers duty to transport goods safely	558

301 Common carriers duty to transport without delay 302 Freight and demurrage	559

CHAPTER 39	560

SUBDIVISION II	564

A Definitions and Distinctions 313 Definitions 314 Consideration called the price 315 Conditional sales defined 316 Sales distinguished from gifts	565

CHAPTER	568

322	569

CHAPTER 41	581

B Implied Warranties	594

Power to bind firm on negotiable paper	599

Ratification	605

338	610

CHAPTER 43	614

TITLE AND THIRD PERSONS 350 Attempted sale by one not owner in general A When True Owner Not Estopped to Assert Title 351 In general ...	651

B When True Owner Estopped to Assert Title Against Third 354 In general Persons 355 Allowing another to assert that he is owner 356 Clothing a...	656

When True Owner Prevented by Statute from Asserting 357 In general Title 358 Effect of retention by seller after sale 359 Conditional sales	659

Implied authority of factor 266 Same as to third persons	661

Bulk sales acts	666

361 Factors acts 362 Chattel mortgages	667

Liability of stockholders for payment of stock for bene	676

267 Factors lien	681

Definition B Brokers	683

391a The Uniform Conditional Sales	704

3911 Refiling	710

Refiling or removal	712

History of bankruptcy laws in the United States	795

Function of the bankruptcy act to benefit creditors	796

Function of the bankruptcy act to benefit debtors	797

E Must be Payable to Order or to Bearer	798

Brief view of proceedings in bankruptcy	799

F Where the Instrument Is Addressed to a Drawee	805

Provision authorizing confession of judgment 423 Waiving benefit of exemption and similar laws 424 Effect of affixing seal 425 Omission of date 4...	806

269 Kinds of brokers 270 Authority of broker	813

Delivery presumed in favor of holder in due course	815

Incomplete instrument	816

Delivery of complete instrument containing uncancelled spaces	818

Minors	819

Insane persons	820

Estates of deceased persons	821

CHAPTER 54	822

Voluntary bankruptcy	823

CHAPTER 55	824

CHAPTER 56	831

CHAPTER 57	835

Special indorsement	843

Blank indorsement 458 Qualified indorsement 459 Restrictive indorsement 460 Conditional indorsement	844

CHAPTER 58	848

1 In general	858

2 When demand paper overdue	859

3 Interest overdue installments overdue 4 Overdue paper sold in breach of trust	869

467 Indorsement requisite 468 Transferee of holder in due course as holder in due course 469 Burden of proof as to whether one is holder in due co...	876

470 Amount recoverable by holder in due course	879

A Defenses not Available Against Holder in Due Course	881

479	888

Fraud in execution	898

CHAPTER 61	920

B Presentment of Bill for Acceptance	930

CHAPTER 63	948

PART V	958

PART I	997

Auctioneers	1018

8x888888	1021

NAME CAPITAL AND PROPERTY	1028

PART III	1039

587 General rule of conduct of partner	1052

CHAPTER 73	1056

Liability of incoming partner	1079

a Where no judicial proceedings are in progress to distribute	1086

Equitable rules for distribution of assets of insolvent	1092

DISSOLUTION OF PARTNERSHIP	1102

Effect of death of partner	1113

CHAPTER 77	1121

271 Auctioneers defined 272 Auctioneers authority 273 When sale by auction takes place	1131

PART I	1147

Corporations distinguished from partnerships	1167

Power of state to alter and repeal charters 653 Form of charterspecial statute 654 Form of chartercertificate under general law 655 Form of charterillu...	1171

CHAPTER 82	1181

PART II	1187

The certificate of stock 669 The legal nature of shares of stock	1203

CHAPTER 84	1204

CHAPTER 85	1210

CHAPTER 86	1222

STOCKHOLDERS MEETINGS	1232

CHAPTER 88	1241

Definition and kinds	1265

PART III	1272

Powers of Directors	1284

Notice of powers of corporation	1290

CHAPTER 95	1316

Power of corporation to acquire its own shares	1326

766 Suit against foreign corporation	1340

Uniform Stock Transfer	1357

CHAPTER 103	1365

The courts that have bankruptcy jurisdiction 801 The territorial limits of the courts jurisdiction 802 Jurisdiction as determined by the location of the...	1374

Extent of jurisdiction over subject matter	1377

Jurisdiction of bankruptcy court to recover assets 806 Jurisdiction of state courts for that purpose 807 Summary proceedings in district court to reco...	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

A Introductory 825 In general 826 Insolvency defined 827 Within what time act of bankruptcy must be committed B The Particular Acts of Bankr...	1402

Fraudulent transfers 829 Preferential payments or transfers	1407

Preferénces 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

2 What petition must allege 835 The adjudication first meeting of creditors and election of trustee	1422

CHAPTER 108	1428

Insurance policies	1445

Property held by bankrupt in trust or nature of trust 844 Property transferred or money paid as preference	1450

Fraudulent conveyances 846 Property held by bankrupt claimed by third persons 847 Property held by third person belonging to bankrupt	1460

Rights to	1461

Burdensome property 850 To what liens trustees title is subject	1464

CHAPTER 109	1470

In respect to whether due or not 853 854 855 In respect to whether owing before or after petition filed Claims based upon judgments Fixed liabilitie...	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

sss 864 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 868 What claims have priority	1483

E Claims of Preferred Creditors 869 Preferred creditor must surrender preference	1486

870 How payable G Composition with Creditors	1490

871 Composition may be offered by bankrupt 872 Conditions of the composition	1492

When composition set aside H Set Offs 1 874 Right to set	1493

CHAPTER 110	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

Términos y frases comunes

acceptance accord and satisfaction action Agency agent agreed agreement alleged amount appellant appellee assignment authority bank benefit Biewer binding bound breach charge circumstances claim Clandeboye common carrier common law consideration constitute contract court of equity covenant creditor damages debt debtor decision deed defendant defendant's disaffirm discharge doctrine duress duty enforceable executed Facts fendant held illegal implied infant instrument intention interest judgment jury JUSTICE land lease letter liable liquidated damages ment minor necessary negotiable Note obligation offeree offeror oral paid parol evidence parol evidence rule party payment performance plaintiff in error Plankington Point Involved principal promise promisor purchase purpose ratification real estate reason received recover rule seal seller signed sold statute of frauds sued sues sufficient suit thereof tion tort tract transaction unless usury valid void voidable writing

Pasajes populares

Página 678 - 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.

Aparece en 359 libros desde 1858-2007

Página 983 - 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.

Aparece en 669 libros desde 1867-2008

Página 720 - 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...

Aparece en 380 libros desde 1816-2007

Página 580 - 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.

Aparece en 339 libros desde 1879-2007

Página 988 - 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.

Aparece en 442 libros desde 1867-2007

Página 678 - 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.

Aparece en 289 libros desde 1858-2007

Página 976 - 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.

Aparece en 276 libros desde 1861-1999

Página 851 - 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.

Aparece en 371 libros desde 1852-2007

Página 757 - 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.

Aparece en 338 libros desde 1852-2005

Página 848 - 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.

Aparece en 481 libros desde 1852-1999

Información bibliográfica

Título	Cases on Commercial Law: General Survey, Contracts, Agency, Bailments, Sales, Negotiable Paper, Partnerships, Corporations, Bankruptcy
Editor	Alfred William Bays
Edición	2
Editor	Callaghan, 1923
Largo	1536 páginas

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