A Selection of Cases on Commercial Law

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H. M. Rowe Company, 1917 - Commercial law - 626 pages

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Contents

Time Within Which an Offer Made by an Advertisement Must be Accepted
60
What Constitutes a Necessity Will Depend Upon the Infants Station in Life
66
A Minors Contract for Necessaries is Voidable Before Such Necessaries
72
An Infant is Liable for a Tort Committed in Violation of His Contract
78
Blood or Natural Affection is not a Sufficient Consideration to Support an Execu
84
A Burden Incurred at the Request of the Other Party is a Sufficient Considera
85
Contract During the Life of Another is not within the Statute of Frauds
92
Memorandum Must be Made Before Action is Brought
99
A Contract Based on a Promise to Answer for the Debt of Another Must be
105
A Contract for Services in Promoting a Marriage is Void as Against Public
111
Discharge of Contracts
117
The Junction Breakwater Railroad Company 202
120
Where the Work to be Done is Not to Gratiiy Taste Serve Personal Conve
124
Miller
126
An Injunction will be Granted to Prevent the Breach of a Contract for Unique
130
A Law Impairing the Obligation of a Contract is Void
137
Form of the Contract of Sale
143
Where the Property Sold has been Inspected and Approved and is a Part of
147
Passing of the Title in the Case of a Sale of Growing Crops
153
Delivery of Property and Passing of Title
162
Express Warranty
168
A Contract for Making a Set of False Teeth is for Goods Sold and Delivered
177
Specht 442
179
A Memorandum Must be Signed by the Party to be Charged
183
A Memorandum of Sale Must Show Who is the Buyer and Who is the Seller
190
Certainty as to Time of Payment
197
Daniel Mills v Seth Wyman 108
199
A Signature May be in Any Mark or Figure Providing It is Meant as an Indorse
207
Necessity of Endorsement
213
Presentment for Acceptance Must Be Proved
219
Liability of a Corporation on an Accommodation Note See under Corpora
222
Who May Be Principals?
229
Legal Effects of Ratification
237
Brown 610
239
An Agent Must Exercise Good Faith
244
Authority of an Agent to Bind an Infant
251
Liability for Torts of Servant
258
PARTNERSHIP
264
The Original Test of a Partnership
274
Evidences of Intention
281
Who May Be Partners?
291
Control of State over Foreign Corporations
346
Issue of Shares for Less then Par
353
Special ActAcceptance of Charter
367
Act Must be Performed in Behalf of Existing Person
376
Essentials of De Facto Corporation
382
Illegal Combinations
391
When the Stockholders Approve of a Contract Made by the Directors With
399
An Oral Promise to Answer for the Debt of Another can not be Enforced
409
Consideration Necessary to Bind a Contract of Surety May Consist of a Bene
417
Mere Delay on the Part of the Creditor in Enforcing the Obligation Against
429
A Guarantor of Payment is Immediately and Absolutely Liable to the Creditor
431
A Contract of Guaranty is a Collateral Undertaking and the Guarantor
437
A Cosurety Having Paid the Whole Debt Will Be Given Judgment Against
449
BAILMENTS
456
PAGE
459
Where a Bailee Willfully and Intentionally Drives a Horse at Such An Immoder
464
A Bailee Has the Right to Recover Damages from One Who Injures the Property
473
Where a Slave is Pledged to Secure a Loan On Payment of the Loan and Inter
482
Essex Bank
483
Risk of Loss Where Seller Though Delivering Possession Retains Title for Pur
496
The Terms Inn and Guest defined
507
A Sleeping Car Company is not Liable as an Innkeeper
516
Where the owner of a Sloop Carried Grain Occasionally for Other Persons
522
An Employee of a Railroad Company Who Rides To and From His Work on
529
Common Carriers Can Not By Public Notice Limit Their Liability to Losses
537
REAL ESTATE
543
Machinery Not Permanently Attached to the Building and Which Can
549
Removing the Property from the Building in Which it is Insured Will Avoid
556
Where a Woman is Engaged to a Man she Has an Insurable Interest in
563
A Substantial Compliance with the Terms of a Warranty is Sufficient
570
Gardner 246
573
A Will Distinguished From a Gift
577
A Will Procured by Undue Influence Will Not Be Admitted to Probate
583
All Wills Must Be in Writing Except Nuncupative Wills
587
Necessity Of Subscription
593
Subscribing Witnesses Must See the Testator Sign His Name
599
Will Tearing a Will Amount to a Revocation?
605
Incorporation of Documents in Will by Reference
613
The Liability of Administrators and Executors
623
Copyright

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Common terms and phrases

Popular passages

Page 139 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly or as incidental to its very existence.
Page 186 - That no contract for the sale of any goods, wares and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold and actually receive the same or give something in earnest to bind the bargain, or in part payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.
Page 352 - ... and value independent of the parties to them. They are not commodities to be shipped or forwarded from one state to another, and then put up for sale. They are like other personal contracts between parties which are completed by their signature and the transfer of the consideration. Such contracts are not interstate transactions, though the parties may be domiciled in different states.
Page 456 - a delivery of goods in trust upon a contract, expressed or implied, that the trust shall be duly executed, and the goods...
Page 82 - Stilted with greater elaboration, "a valuable consideration, in the sense of the law, may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other.
Page 219 - ... instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon. The special verdict or finding must be filed with the clerk and entered upon the minutes. Where a special finding of facts is inconsistent with the general verdict, the former controls the latter, and the court must give judgment accordingly.— 1909-193.
Page 140 - It is chiefly for the purpose of clothing bodies of men in succession with these qualities and capacities that corporations were invented and are in use. By these means, a perpetual succession of individuals are capable of acting for the promotion of the particular object, like one immortal being.
Page 228 - And the relation of master and servant exists whenever the employer retains the right to direct the manner in which the business shall be done, as well as the result to be accomplished, or, in other words, "not only what shall be done but how it shall be done.
Page 602 - ... by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Page 92 - It is suggested that such a contract would be void, because, by its terms, it was not to be performed within a year from the making thereof.

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