American Law and Procedure, Volume 7

Front Cover
James Parker Hall, James De Witt Andrews
La Salle Extension University, 1910 - Law
 

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Contents

Requisite parties
31
Same continued
32
Maker or drawer
33
Signatures of agents
34
Same continued
36
Payee
37
Fictitious payees
38
Alternative payees
40
Drawee
41
Same continued
42
Negotiable instrument must be payable to order or bearer
44
Bearer instruments
45
Payee not a person
46
Value received
48
CHAPTER III
49
Carelessness a question of fact
50
Intentional signing induced by fraud
51
Position of fraudulent payee or bearer
52
Position of innocent purchaser of the instrument
54
Incomplete instruments
55
Innocent purchaser of instrument completed in excess of authority
57
Presumption of delivery
58
Preexisting debt as consideration
60
Virtual acceptance
67
CHAPTER IV
74
Indorsement is not binding unless instrument is delivered
80
Blank indorsements
81
Blank indorsement followed by special indorsement
82
Special indorsement of instrument payable to bearer
83
Restrictive indorsement
84
Indorsement constituting indorsee agent or truster of in dorser
85
Indorsement in trust for third person
87
Qualified indorsement
88
Conditional indorsements
89
Delivery without indorsement
90
Against whom and amount of
91
CHAPTER V
93
101 Holder in due course must have acquired an existing in strument
94
Illegality and other defects
95
Reasons stated
96
104 Defences not available against holder in due course
98
105 Existing instrument must be acquired by holder in due course
99
107 Actual notice
100
Constructive notice
101
109 Purchase after maturity
102
110 Purchase from partner agent or trustee
103
g111 Transferee must part with value in exchange for the in strument
105
112 What constitutes value
106
114 Amount of value necessary
107
Judicial explanation
108
116 Notice to purchaser before he has parted with value
110
117 Purchaser with notice from holder in due course
112
Contracts of Parties to Instruments g119 Contract of maker and acceptor
115
121 Order of liability of parties
117
122 Same continued
118
Indorsement before inception
121
126 Qualified indorsement
122
127 Indorser of bearer instrument
123
Illustrations
124
131 Admissions of acceptor
125
133 Acceptors admission of drawers signature
126
Forged indorsements
127
SECTION 3
128
136 Warranties of transferor
129
138 Warranty of title
131
CHAPTER VII
133
143 When demand instruments must be presented
134
What is a reasonable time for presentment
135
145 When delay in making presentment is excused
136
152 Presentment is demand of payment accompanied by exhibi
142
161 Notice by agent
148
168 Necessity for protest
155
CHAPTER IX
160
177 Payment must be at or after maturity
161
Illustrations
162
180 Cancellation and alteration
163
181 Discharge of indorsers
164
GUARANTY AND SURETYSHIP CHAPTER 1
165
Capacity of parties
166
Guaranty a collateral undertaking
167
Statute of frauds
168
Contract of guaranty must be in writing
169
When is a debt within the statute of frauds
170
Necessity of principal debtor and promise to creditor
171
Strict suretyship
172
Common forms of suretyship
173
Consideration
174
Delivery of contract of suretyship
175
Alteration of instrument
177
Negotiable notes
178
Estoppel of surety signing instrument
179
Effect of judgment on surety
180
CHAPTER II
181
Payment of debt discharges surety
182
Fraud and duress by creditor in securing contract
183
debtor
184
Effect of acts of creditor due to fraud or judicial error
185
Discharge of surety by affirmative act of creditor
186
Extending time of payment
187
When surety relation is created by agreement among obligors
188
Creditor taking forged or illegal note
189
Principals setoff or counter claim against creditor as a defence to surety
190
Surrender of securities by creditor
191
Reasonable conduct of creditor
192
Taking property by attachment and execution
193
Tender of payment by principal debtor discharges surety
194
Failure of creditor to apply money in his control to debt
195
Notice to guarantor of default of principal
196
Notice to guarantor of acceptance of guaranty
197
Alteration of principals contract
198
By agreement between creditor and principal 199
199
Nonclosure of facts creditor should reveal to surety
200
Creditor not bound to discover facts
201
Information requested by surety
202
Negligence in not discovering dishonesty Collateral mis conduct
203
Same continued
205
Dealings or relations between creditor and cosurety
206
Release of cosurety with reservation of rights against the others
207
Effect of discharge of cosurety in bankruptcy
208
Assurance or promise of creditor that he will look to principal only
209
Creditor informing surety that debt is paid
210
Death of surety
211
Joint obligations
212
Subrogation
214
Surety a creditor of principal debtor
220
71 Debt barred against principal
226
Surety to one of two or more partners
232
Payment of judgment by surety
238
SECTION 4
248
When surety can enforce exoneration
249
102 Express contract by principal to exonerate surety
250
Guaranty of collectibility
251
CHAPTER IV
252
INSURANCE CHAPTER 1
255
Nature of insurance
256
Kinds of policies
257
Meaning of terms used
258
Who may be insured
259
Form of policy
260
Fire insurance
261
Same continued
262
Legal obligation between parties
263
Relation of blood or marriage
264
SECTION 4
265
Assignment to mortgagee
266
Consent of insurer to assignment
267
Beneficiaries
268
Beneficiaries
269
Controverted case
270
CHAPTER II
271
Fire and life insurance in general
272
Qualification of ordinary rule
273
Existence of peculiar facts
274
Answers of insured must be substantially true
275
Good faith not enough
276
Incomplete answers
277
Statements of opinion
278
Materiality of representations
279
SECTION 2
280
Express language of policy
281
SECTION 3
282
Conflicting language
283
Incorporation must be by reference in policy
285
First class of cases
286
Third class of cases
287
Illustrations of language held a warranty
288
Illustrations of language held not a warranty
289
SECTION 4
290
General purpose of questions regarding health
292
Good faith insufficient if answer false
293
Specific questions
294
Promissory warranties
295
Implied limitations on warranty
296
Ambiguous language
297
CHAPTER III
299
Extent of warranty
300
Warranty of nondeviation
301
Warranty against illegality
302
Meaning of shall be void
303
Other insurance
304
Increase of hazard
305
Increase of risk by tenants
306
Interest of insured
307
Change of interest title or possession
308
Change of title
309
Change of interest
310
Manufacturing establishments
312
Stocks of merchandise
313
Vacancy and unoccupancy
314
Permanence of condition
315
Single buildings or series of buildings
317
Illegality
318
Conditions Applicable After Loss 81 Language of policy
319
Immediate notice of loss
320
Certificate of loss
321
SECTION 4
322
Incontestable clause
323
CHAPTER IV
324
Provisions of policies
325
Such provisions largely ineffective
326
Same continued
327
Only known causes of forfeiture are waived
328
What amounts to a waiver
330
Must the insured be prejudiced
331
Further illustration
332
CHAPTER V
338
g115 Fires set by third persons
344
122 Suicide by insane persons
350
126 External
352
127 Violent
353
128 Accidental means
354
130 Accident followed by disease
356
131 Disease followed by accident
357
133 Total disability
358
SECTION 3
360
137 Partial loss
361
Staple articles
362
Realty
363
Nonstaple articles
364
144 Partial loss
366
146 Limited interests not definitely measurable
368
Liens
369
Vendor and vendee
370
149 Coinsurance
371
150 Subrogation to tort rights
372
Independent of order of procedure
373
Subrogation against carriers
375
Subrogation to contract rights
377
Practical considerations
379
SECTION 3
381
Doctrine of subrogation inapplicable
382
BANKS BANKING AND TRUST COMPANIES CHAPTER I
383
The different kinds of banks
384
Sources of their power
385
Nature of banking business
386
Definition of a bank
387
Federal revenue law
388
Relation of bank with a depositor is that of debtor and creditor
389
Bank is not a trustee for deposits
391
14 What is a general deposit
394
Illustration
395
What is a special deposit
396
Deposits by agents
397
Deposits for collection
398
Certificates of deposit
399
Memorandum checks
401
CHAPTER II
403
Crimes
404
The directors
405
The creation of national banks
407
Construction of rule requiring prompt return of checks
417
Appendix A Negotiable Instruments
427
Appendix B Guaranty and Suretyship
435
Banks Banking and Trust Companies
443
Right to contribution
451
Copyright

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Common terms and phrases

Popular passages

Page 371 - This Company shall not be liable for a greater proportion of any loss than the amount hereby insured shall bear to the whole insurance covering the property against the peril involved, whether collectible or not.
Page 101 - That it is complete and regular upon its face. (2) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact. (3) That he took it in good faith and for value. (4) 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.
Page 48 - 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.
Page 48 - A negotiable promissory note within the meaning of this, act 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 determined future time, a sum certain- in money to order, or to bearer.
Page 158 - A check must be presented for payment within a reasonable time after its issue or the drawer will be discharged from liability thereon to the extent of the loss caused by the delay.
Page 308 - ... if any change other than by the death of an insured, take place in the interest, title or possession of the subject of insurance (except change of occupants without increase of hazard) whether by legal process or judgment or by voluntary act of the insured, or otherwise...
Page 55 - ... the delivery may be shown to have been conditional, or for a special purpose only, and not for the purpose of transferring the property in the instrument. But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him is conclusively presumed.
Page 108 - Where the holder has a lien on the instrument, arising either from contract or by implication of law, he is deemed a holder for value to the extent of his lien.
Page 37 - Where the instrument is payable to order the payee must be named or otherwise indicated therein with reasonable certainty.
Page 163 - Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers. But when an instrument has been materially altered and is in the hands of a holder in due course, not a party to the alteration, he may enforce payment thereof according to its original tenor.

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