Commercial Law: A Treatise for Business Men on the Law Applicable to Commercial Relations

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Alexander Hamilton Institute, 1914 - Commercial law - 539 pages
 

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Contents

SECTION
49
Requisites of a Contract
54
Contracts of an Immoral Nature
60
Undue Influence
67
Rules of Evidence
73
Competent Parties
78
Discharge by Performance
85
CHAPTER VIII
91
CHAPTER IX
100
Performance Prevented by the Promisee
106
SECTION
111
Claims Provable Against a Bankrupt
112
Matters Implied by
115
Statutes of Frauds
118
When Title Passes
125
CHAPTER XI
132
Time of Delivery
134
Quantity Specified Must be Delivered
135
Quality Specified Must be Delivered
136
Warranties Definition and Classification
137
Implied Warranty of Title
138
Implied Warranty of Quality
140
Exceptions to the Rule
143
Sale of Provisions
144
Remedies for Breach of an Express Warranty
145
Remedies for Breach of an Implied Warranty
146
Rights of an Unpaid Seller Against the Subject of the Sale
147
Vendors Right of Resale or Rescission
148
Actions by Unpaid Vendor for Breach of Contract of Sale
150
Measure of Damages
151
Remedies of the Vendee
152
CHAPTER XII
154
Distinctions
155
Classification of Bailments
156
Extraordinary Bailments
158
Obligations of Bailor in a Bailment for His Sole Benefit
159
Bailment for the Sole Benefit of the Bailee
161
Termination of Bailment for Sole Benefit of One Party
162
Creation of a Pledge or Pawn
163
Construction and Operation of Pledge
164
Termination of Pledge or Pawn
165
Hiring Property for Compensation
166
Rights and Duties of Bailee
167
Termination of Bailment Arising out of the Hiring
168
Innkeepers Compensation and Lien
174
Carriers Liability Under Special Contracts and Statutes
180
Liability of Public Carriers to Passengers
186
Other Kinds of Insurance
193
Assignment of Insurance Contracts
199
Notice and Proof of Loss in Fire Insurance
205
CHAPTER XIV
207
Notice of Default
211
NEGOTIABLE CONTRACTS
217
REQUIREMENTS AS TO FORM
226
CHAPTER XVIII
232
Regularity of Face of Instrument
238
Definitions
240
Who May be Principal?
260
When a Business May be a Principal
261
Delegation of Powers by Agent 262 338 Who May be Agent?
262
Methods of Appointment 340 Agency by Express Agreement
263
Destruction of Powers of Agent
265
What Contracts May be Ratified Effect of Ratification
267
Estoppel
268
Agency by Necessity
269
Scope of Agents Authority
270
Principals Obligations to Agent in General
273
Double Commissions
275
Relations of Principal and Agent to Third Persons in General
276
Where Both Principal and Agent are Bound
278
Agents Duty to Use Good Faith
284
CHAPTER XXIII
290
BUSINESS ASSOCIATIONS
296
Purpose Pecuniary Gain
297
Classification of Partners
303
Title to Firm Property
309
By Operation of Law
315
Incidental Implied Powers
321
Liability of a Partner
322
Fraud and Duress
324
Corporations De Jure and De Facto
328
27
332
Voting at Corporate Meetings
334
Subscribers to Capital Stock
340
Officers
346
Vacancies and Removals 451 Liabilities of Officers 452 Dividends 847
347
CHAPTER XXVII
350
Holding Companies 851
351
Special Purposes of Intercorporate Relations
352
Promoters
353
Promoters Right to Compensation 854 459 Dissolution of Corporation 854
354
Corporate Receivers
355
Powers of Receivers 857
357
PROPERTY CHAPTER XXVIII
358
Duration of Estates in Land 859
359
Estates Less than Freehold
360
Estates Regarded as to the Number of Owners and Their Connection with One Another
361
Special Applications of Joint Tenancy and Tenancy in Common
362
Estates Classified with Reference to Their Qualified Nature
363
Estates Classified as to the Time When Enjoyment Be gins 364
364
Titles to Real Property
365
Involuntary Alienation
367
Legal and Equitable Estates
368
Border Trees
374
Conveyances 881
381
A Lawful Business
382
Rights of the Landlord
390
Accuracy of Description
399
Preliminary Duties
405
Definition
411
Title by Natural Increase
417
Definitions and Classifications
497
320
514
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Page 422 - The several circuit courts of the United States are hereby invested with jurisdiction to prevent and restrain violations of this act; and it shall be the duty of the several district attorneys of the United States, in their respective districts, under the direction of the Attorney-General, to institute proceedings in equity to prevent and restrain such violations.
Page 479 - That it shall be unlawful for any person engaged in commerce, in the course of such commerce, to lease or make a sale or contract for sale of goods, wares, merchandise, machinery, supplies, or other commodities, whether patented or unpatented...
Page 480 - That any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws may sue therefor in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the cost of suit, including a reasonable attorney's fee.
Page 479 - ... unlawful for any person engaged in commerce, in the course of such commerce, either directly or indirectly, to discriminate in price between different purchasers of commodities of like grade and quality...
Page 481 - Commission shall acquire the whole or any part of the assets of another corporation engaged also in commerce, where in any line of commerce...
Page 479 - person," or "persons," wherever used in this act shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country.
Page 481 - This section shall not apply to corporations purchasing such stock solely for investment and not using the same by voting or otherwise to bring about, or in attempting to bring about, the substantial lessening of competition.
Page 481 - ... or to forbid or restrain Individual members of such organizations from lawfully carrying out the legitimate objects thereof...
Page 101 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 235 - Where an indorsement is conditional, a party required to pay the instrument may disregard the condition, and make payment to the indorsee or his transferee, whether the condition has been fulfilled or not. But any person to whom an instrument so indorsed is negotiated, will hold the same, or the proceeds thereof, subject to the rights of the person indorsing conditionally.

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