Report of the ... Annual Meeting of the American Bar Association, Part 2 (Google eBook)

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E.C. Markley & Son, 1906 - Law
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Page 385 - Where, under a contract to sell or a sale, the property in the goods has passed to the buyer, and the buyer wrongfully neglects or refuses to pay for the goods according to the terms of the contract or the sale, the seller may maintain an action against him for the price of the goods.
Page 356 - This presumption is applicable, although by the terms of the contract, the buyer is to pay the price before receiving delivery of the goods, and the goods are marked with the words "collect on delivery" or their equivalents. Rule 5. If the contract to sell requires the seller to deliver the goods to the buyer, or at a particular place, or to pay the freight or cost of transportation to the buyer, or to a particular place, the property does not pass until the goods have been delivered to the buyer...
Page 394 - ... an original, even though the purchase be after the delivery of the goods by the carrier to the holder of the original bill. Sec. 8. (Non-Negotiable Bills Shall be so Marked.) A non-negotiable bill shall have placed plainly upon its face by the carrier issuing it "non-negotiable
Page 429 - In possession of the bill or to the adverse claimant, until the carrier has had a reasonable time to ascertain the validity of the adverse claim or to bring legal proceedings to compel all claimants to interplead.
Page 358 - Where, in pursuance of the contract, the seller delivers the goods to the buyer or to a carrier, or other bailee (whether named by the buyer or not), for the purpose of transmission to the buyer, and does not reserve the right of disposal, he is deemed to have unconditionally appropriated the goods to the contract.
Page 367 - Where a negotiable document of title is transferred for value by delivery, and the indorsement of the transferor is essential for negotiation, the transferee acquires a right against the transferor to compel him to indorse the document unless a contrary intention appears. The negotiation shall take effect as of the time when the indorsement is actually made.
Page 7 - O'er lesser powers that be; But a mightier power and stronger Man from his throne has hurled, For the hand that rocks the cradle Is the hand that rules the world.
Page 360 - Where delivery has been delayed through the fault of either buyer or seller the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault.
Page 360 - Unless otherwise agreed, the goods remain at the seller's risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer, the goods are at the buyer's risk whether delivery has been made or not.
Page 413 - The validity of the negotiation of a bill is not impaired by the fact that such negotiation was a breach of duty on the part of the person making the negotiation, or by the fact that the owner of the bill was deprived of the possession of the same by fraud, accident, mistake, duress or conversion...

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