The civil code of the state of New York reported complete (Google eBook)

Front Cover
Printed by Weed, Parsons & Co., 1865 - Civil law - 776 pages
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Contents

Unborn child
4
Cannot disaffirm contract for necessaries
5
Powers of persons whose incapacity has been adjudged
6
PART II
9
Certain marriages when to be deemed void
13
CHAPTER
19
When separation may be adjudged
24
Obligation of parents for the support and education of their children
30
Custody of an illegitimate child
32
When parental authority ceases
33
When a parent is not liable for support furnished his child
34
Wages of minors
35
CHAPTER H ADOPTION Section 107 Child may be adopted
36
Adoption df illegitimate child
38
GUARDIAN AND WARD Sktion 117 Guardian what
39
Special guardian what
40
Insane persons
44
Pecuniary consideration to be inserted
47
Indentures when invalid
48
Assignment by court
49
DIVISION SECOND PROPERTY Part I Property in general II Real or immovable property III Personal or movable property IV Acquisition of prope...
51
NATURE OF PROPERTY pjg
53
INTERESTS IN PROPERTY Page Section 171 Ownership absolute or qualified
56
Two or more future interests
59
Qualities of future interests
60
ARTICLE II
61
RESTRAINTS UPON ALIENATION Section 201 How long it may be suspended
62
Eestriction on qualification of enjoyment
63
TITLE III
66
Enumeration of estates
68
Contingent remainder in fee
70
Remainders future and contingent estates how created
71
Contingent remainder on a term of years
72
Effect of power of appointment
73
Reentry when and how to be made
74
tlow extinguished
78
Obligations of owners
79
Right to possession of land creates legal ownership
84
Trustees of estate for use of another take no interest
86
Rights of creditors
87
Certain devises in trusts to be deemed powers
88
Profits of land liable to creditors in certain cases
89
And land ic to desoend to persons entitled
90
Interests remaining in grantor of express trust
91
When estate of trustee to cease
92
Terms author of a power and holder of a power defined
94
Powers in trust
95
Reservation of powers in conveyance
96
Who to execute powers
97
PART III
107
PARTICULAR KINDS OP PERSONAL PROPEBTY
108
ARTICLE I
116
General powers
125
TITLE I
133
Accession by uniting several things
136
EFFECT OF TRANSFER Page
138
When oral
140
CHAPTER II
144
What easements pass with property
146
RECORDING TRANSFERS
152
Married women 97
153
ARTICLE IV
158
GENERAL PROVISIONS
161
Charge or incumbrance not a revocation
162
How executed 97
170
Testators intention to be carried out
171
Nature and designation of legacies
179
Legacies how charged with debts
180
Possession of legatees
181
Satisfaction
182
Wills includes codicils
183
Succession defined
184
Husband
186
Children alone
187
Where there is neither widow nor children
188
DIVISION THIRD
195
Joint or several obligations
196
TITLE
202
What covenants run with land when assigns are named
203
Who are bound by covenants
204
TITLE IV
205
Effect of directions by creditors
206
OFFER OF PERFORMANCE Sbctios 706 Obligation extinguished by offer of performance
209
Written receipts
213
Objections to mode of offer
214
MEASURE OF DAMAGES
217
Warranty on sale of written instrument
218
Parties III Consent IV Object V Consideration CHAPTER I
223
Who maycontract
224
Essentials of consent
225
Constructive fraud
230
Actual fraud a question of fact
231
Mistake what
232
Mistake of fact
233
Mistake of foreign laws
234
When communication deemed complete
235
PART II
237
Good consideration what
238
Contracts express or implied
242
Effect of writing
244
IT Unlawful contracts
245
Contracts how to be interpreted
246
Effect to be given to every part of contract
247
Words to be understood in usual sense
248
Technical words
249
Interpretation in sense in which promisor believed promisee to rely
250
Inconsistent words rejected
251
Necessary incidents implied
252
Time when of essence
253
Exception in favor of partnership arrangements
256
TITLE V
300
Must repair injuries c
301
When terminated by death to of party
302
When lessee may make repairs c
303
Notice to qnit
304
HIRING OF PERSONAL PROPERTY Section 999 Obligations of letter of personal property
305
Service
306
When employer must indemnify employee
307
OBLIGATIONS OF THE EMPLOYEE Sxonos 1008 1009 1010 Duties of gratuitous employee 308
308
Duties of employee for reward
309
Employee to conform to usage
310
Must use what skill he has
311
Preference to be given to employers
312
ARTICLE IV
313
Termination by employer for fault
314
Compensation of employee dismissed for cause
315
Compensation of employee leaving for cause
316
Power of master over seamen
320
Authority of master
321
ARTICLE V
322
Certificate
324
Maintenance of seaman during sickness
325
ARTICLE VI
326
Salvage
327
OBLIGATIONS OF THE CARRIER
330
Freightage
336
Liability of inland carriers for loss
343
OBLIGATIONS OF TRUSTEES Page
347
CHAPTER II
355
Trustees power as agent
358
DEFINITION OF AGENCY Page Section 1216 Agency what
362
Ostensible agency
363
What authority may be conferred
364
Ratification of agents act
365
Rescission of ratification 306
366
Agents power to disoboy instructions
367
What included in authority to sell personal property
368
authority
369
Obligation of principal when agent exceeds his authority
370
Termination of agency
375
Factor what
377
Partnership what
381
ARTICLE V
391
WHAT MAY BE INSURED Page
405
Representation as to future
410
Falsity
413
Effect of falsity
414
Policy what
415
Insurance by part owner
416
Valued policy what
417
Form
418
What acta avoid the policy
419
When none allowed
420
Insurable interest in ship
426
When proper 43 j 1472 When improper
431
Deviation exonerates the insurer
432
ARTICLE VII
433
Presumed actual loss
434
ARTICLE VIII
435
No other cause can be relied on
438
Accepted abandonment irrevocable
439
Partial loss
440
CHAPTER
467
ARTICLE IV
481
Lien of a mortgage when special 87
485
Transfer of interest when deemed a mortgage
487
What interests may be mortgaged
488
On what a lien
489
Against whom a mortgage is a lien
490
MORTGAGE
491
Mortgage not a personal obligation
492
Recording assignment
493
MORTGAGE OF PERSONAL PROPERTY Section 1632 To be in writing
494
Effect of filing
495
Duty of officers
496
Duty of auditor upon filing
497
Certain errors to be disregarded 498
498
Pledge what 600
499
Pledge lender what 605
500
Pge
501
Gratuitous pledgeholder
506
Waiver of notice of sale
507
Sale on the demand of the pledgor 607
508
CHAPTER IV
509
When master may hypothecate freightage
511
Rights of lender when no necessity for bottomry existed 611
512
Priority of bottomry liens
513
Lien of seller of real property
514
Lien of factor 617
515
STOPPAGE IN TRANSIT
520
i0
528
ARTICLE IV
534
ARTICLE VI
543
Termination of estates
550
CHAPTER V
559
Damages for breach of contract IX Damages for wrongs III Penal damages IV General provisions ARTICLE L
568
Carriers delay
574
Breach of warranty of authority
575
Seduction
578
RESPONDENTIA
605
Assignment when void
606
Sectios 168C Respondentia what
613
Respondentia by owner
614
When consignor may stop goods
620
What is insolvency of consignee
621
TITLE XV
624
Negotiable instruments in general II Bills of exchange III Promissory notes
626
Interests a property
679
Profits 410
717
Cheques V Bank notes and certificates of deposit
731

Common terms and phrases

Popular passages

Page 38 - The father of an illegitimate child, by publicly acknowledging it as his own, receiving it as such, with the consent of his wife, if he is married, into his family, and otherwise treating it as if it were a legitimate child, thereby adopts it as such; and such child is thereupon deemed for all purposes legitimate from the time of its birth. The foregoing provisions of this chapter do not apply to such an adoption.
Page 652 - The said party of the second part shall pay to the party of the first part...
Page 14 - Marriage is a personal relation arising out of a civil contract, to which the consent of parties capable of making it is necessary. Consent alone will not constitute marriage; it must be followed by a solemnization, or by a mutual assumption of marital rights, duties, or obligations.
Page 649 - This indenture, made the day of nineteen hundred and , between , (insert residence) party of the first part, and , (insert residence) party of the second part: Witnesseth, that the party of the first part...
Page 256 - One who sells the good will of a business may agree with the buyer to refrain from carrying on a similar business within a specified county, city, or a part thereof, so long as the buyer, or any person deriving title to the good-will from him, carries on a like business therein.
Page 564 - Whenever, by the terms of an obligation, a party thereto incurs a forfeiture, or a loss in the nature of a forfeiture, by reason of his failure to comply with its provisions, he may be relieved therefrom, upon making full compensation to the other party, except in case of a grossly negligent, willful, or fraudulent breach of duty.
Page 643 - Every person who has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact, has constructive notice of the fact itself in all cases in which, by prosecuting such inquiry, he might have learned such fact. Code amend. 1873:182.
Page 144 - An estate in real property, other than an estate at will or for a term not exceeding one year, can be transferred only by operation of law, or by an instrument in writing, subscribed by the party disposing of the same, or by his agent thereunto authorized by writing.
Page 168 - ... unless provision shall have been made for such issue by some settlement, or unless such issue shall be provided for in the will, or in such way mentioned therein, as to show an intention not to make such provision ; and no other evidence to rebut the presumption of such revocation, shall be received.
Page 114 - ... on their respective sides in sufficient time to prevent collision, in such manner as to make them most visible, and so that the green light shall not be seen on the port side nor the red light on the starboard side.

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