Business Law: A Working Manual of Every-day Law, Volume 1 (Google eBook)

Front Cover
Ronald Press Company, 1920 - Commercial law - 870 pages
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Contents

Constitutional Amendments 11 Constitutions that Legislate
11
Legislative Enactments
12
Statute Law 14 Subsidiary Laws
13
Contract by Letters
14
The Unwritten Law
15
The Doctrine of Precedents 17 Court Reports
16
The Volumes of Reports 19 Citations
17
The Common
18
LawMerchant and Commercial
19
Unconstitutional Laws 23 The Recall of Judges
20
Contract of Sale by Letters
21
Law and Equ1ty
22
Equity in the Legal Sense
23
Suits at Law and in Equity 27 Bringing a Suit at
24
Contract of Warranty
25
Trial at
26
Appointment of General Agent
27
Bringing a Suit in Equity
28
Appeals to a Higher Court
29
Revocation of Power of Attorney
30
The Legal Profession 639 The Domination of Precedent 640 The Conservatism of the
31
Advisability of Litigation
32
Revocation of Proxy
33
Forms or Negotiable Instruments 773
34
Cr1m1nal Law
35
Ethical Standards of the Bar 642 The Criminal Lawyer
36
Classes of Offenses Against the Criminal Law 34 Penalties
37
Note by Individual
38
Corporate Noteby President
39
Corporate NoteBy Treasurer
40
Definition 37 Essential Features
41
Competency of Parties
42
Bank Acceptance
43
Trade Acceptance
44
The Subject Matter Must be Lawful
45
Chapter Page LXXX Interest 584
46
Contract of Employment
47
The Law of Place 41 The Subject Matter Must Exist
48
Agreement of the Parties
49
Simple Articles of Partnership
50
Oral Agreement
51
Consideration
52
Corporate Organ1zat1on Forms 788
53
Discount 514 Usury
54
Assignment of Stock Certificate
55
How Contracts Are Made 45 Classification of Contracts
56
Oral Contracts 47 Written Contracts
57
Selecting a Lawyer 644 Lawyers Compensation XCVII Law as a Vocat1on
58
The Statute of Frauds
59
Part XIIISuretyship
60
Contracts Under Seal
61
Contracts of Record
62
Express and Implied Contracts
63
Quasi Contracts
64
Executory and Executed Contracts 54 Conditions Precedent and Subsequent 55 Void and Voidable Contracts
65
Drafting a Contract
66
Resignation of DirectorPeremptory
67
Effect of Contracts 57 Illegal Contracts 58 Effect of Mistakes
68
Treasurers AffidavitCorporate Statement
69
Effect of Fraud
70
Lease
71
Duress
72
Undue Influence
73
Law as to Alteration
74
Interpretation of Contracts
75
Assignment and Novat1on 64 Assignment of Contracts
79
Amendments Rejections and Appeals 592 Certificate of Registration 593 Assignments
80
Novation X D1scharge of Contracts 66 Discharge by Performance 67 Discharge by Agreement
86
Discharge by Various Other Causes
87
Enforcement of Contracts 69 Breach of Contract
92
Remedies for Breach of Contract
95
Law Governing Remedy
98
Statute of Limitations
99
Chapter Page XII Actions on ContractsGeneral Rules
103
Specific Performance
104
R1ghts 1n Property When There Is no W1ll 534
105
Rules of Evidence
106
Warrant1es 108 Introductory
108
Tender of Payment or Performance
111
Extent and Kind of Tender
112
Acceptance of Tender
113
Jo1nt and Several Contracts
115
The Contract as Drafted
116
Part IIISales
119
Contracts to Sell
121
What is Necessary to the Contract of Sale 84 The Agreement
123
Sales to Persons Incompetent to Contract
124
The Consideration 87 Nature of Subject Matter
125
Destruction of Subject Matter
126
Sales to Arrive 90 A Contract of Sale Must Be Legal
127
Pass1ng T1tle
129
When the Title Passes
130
Sales Without Delivery
132
Conditional Sales
133
State Laws on Conditional Sales 97 Requirement of Affidavits to Conditional Sales Contracts
134
Rights in Illinois and Pennsylvania 99 Protection Against Landlords Lien
135
Protection Against Destruction of Property
136
The Statute of Frauds
138
When the Contract of Sale Must be in Writing
139
Exception for Part Payment
140
Exception for Part Delivery 106 Exception for Amounts Below Specified Value
141
Exception for Work or Services
142
Chapter Page 143 Agents Duty to Third Party
143
Limitation of Agents Authority
144
Conditions Precedent
145
Conditions Subsequent 111 Express Warranties
146
Implied Warranties
147
Remed1es 113 Rights of Unpaid Seller Under the Contract
151
Rights of Buyer
154
R1ghts of Surety or Guarantor 489 Notice
155
Rescission of Sale
156
Sales at Auct1on 116 Regulations for Sales at Auction 117 Compliance with Conditions
159
Duties of Auctioneer
160
Part IVAgency
163
Pr1nciples of Agency j 119 Introductory 120 Definitions 131 The Principal 122 The Agent
165
General Agents
168
Special Agents
169
Del Credere Agents
171
The Contract of Agency 126 Appointment
173
Express Appointment
174
Implied Appointment
175
Ratification
176
Sealed Contracts
177
Appointment of Subagents
178
Servants and Employees 133 Void Contracts of Agency XXIII The Pr1nc1pal
179
Principals Duty to Agent
182
Principals Duty to Third Party
183
Principals Liability
184
An Undisclosed Principal XXIV The Agent
185
Agents Duty to Principal
188
Agents Obedience
189
Agents Good Faith
190
Agents Care Skill and Diligence
193
The Agents Signature
194
Agents Fraudulent Conduct
197
Agents Liability
198
The Th1rd Party
202
Third Partys Relation to the Principal
204
Termination of Agency
205
Termination by Disability
207
An Agent with an Interest
209
NonEssentials
220
Negotiation J 167 Method of Negotiation 168 The Indorsers Contract
222
Blank or Special Indorsement 170 Restrictive Indorsement
223
Qualified Indorsement 172 Conditional Indorsement 173 Effect of Indorsement
224
Rights of Holder 174 Holder in Due Course
226
Defects of Title 176 The Rights of a Holder in Due Course 177 Effect of Irregular Transfer
227
L1ab1l1ty of Part1es Page 229 178 Liability of Maker 179 Liability of Indorser
229
Discharge of Indorser
230
Liability of Guarantor 182 Liability of Accommodation
231
Presentment for Payment 183 Necessity of Presentment 184 Requirements for Presentment
234
Presentment Excused 186 When Due 334
235
Notice of D1shonor 187 Necessity of Notice 188 Effect of Notice 189 Form of Notice
237
Time of Notice 191 Where to Send Notice
238
When Notice Is Not Required 193 Protest
239
D1scharge of Negot1able Instruments 194 When Discharged 195 When Not Discharged
241
Effect of Alteration
242
Promissory Notes 197 Definition 198 Liability of Maker
243
Interest
244
Demand Notes 201 Effect of Renewal 202 Note as a Gift
245
B1lls of Exchange and Acceptances
247
Dollar Acceptance
249
Bank Acceptances 208 Domestic Bank Acceptances
250
Trade Acceptances
251
The Discount of Acceptances 211 Rules for Discount of Bank Acceptances
252
Rules for Discount of Trade Acceptances 213 The Drawee
253
Presentment for Acceptance 215 Protest for NonAcceptance
254
Bills in a
255
Chapter Page XXXVI Bank Checks
257
Signature of Drawer 220 Presentment for payment
258
Banks Relations with Depositor
259
Banks Relations with Holder 223 Revocation
260
Certification
261
Fraud
262
Checks as Gifts
263
Part VIInsurance XXXVII F1re Insurance
267
Nature of the Contract 229 Agents 230 The Policy
268
Premiums
271
The Property Insured
272
Lay1nc Taxes 687
273
233 Warranties and False Representations
275
Settlement of Losses
276
L1te Insurance
280
The Parties
281
The Policy
282
Premium Rates 240 Agents
284
Right to Change Beneficiary 242 Assignment of Policy
285
Settlement of Losses
286
Government Insurance for Soldiers and Sailors
287
Sundry Insurance Contracts
290
General and Particular Average
291
Accident Insurance
292
Health Insurance 250 Group Insurance
293
Liability Insurance
294
Title Insurance 253 Burglary Insurance 254 Plate Glass Insurance 255 Automobile Insurance
295
Other Forms of Insurance
296
Part VIIEmployment
299
The Contract of Employment S 257 Introduction
301
Definition 259 What Constitutes a Contract of Employment
302
Independent Contractors
303
Interpretation of Contract 262 An Express Contract Cannot be Proved by Custom
304
Wages 264 Modification of Contract
305
When Contract Begins 266 Termination of Contract
306
Termination of Contract by Breach
307
Rights and Remedies
308
Employment after Expiration of Contract
310
Relations of Parties 270 Duties of Employee to Employer
312
Duties of Employer to Employee
314
Presumption with Regard to Joint Owners 273 Wages
319
Personal Rights of Husband and Wife 474 Rights of Husband and Wife in Each Others Property
320
Fines Deductions
321
Employers Respons1b1l1ty 275 Introductory
324
Doctrine of Assumption of Risk
325
Doctrine of Contributory Negligence 278 The FellowServant Rule
326
Employers Liability Acts
327
Workmens Compensation Acts
330
Modern Statutory
331
Schedules of Compensation
332
Who are Entitled to Compensation
333
Employers Defenses Taken Away by the New
334
Third Persons
335
Part VIIIPartnership
337
Introductory 286 Definition
339
Partnerships Distinguished from NonPartnership Organizations
340
The Contract of Partnersh1p 288 Parties
344
Kinds of Partners
345
Partnership Contracts
347
The Firm Name
348
Partnership a Personal Relation
349
Classification of Partnerships
350
Chapter Page
353
When the Creditor Has Some Security for the Debt 505 Where There Is No Security for the Debt 506 Attempts to Defraud Creditor 507 The Modern...
356
Bankruptcy Proceedings 598
357
Powers and Liabilities of Partners
361
Term1nat1on of partnersh1p
368
Bankruptcy Proceedings Continued 604
370
Regular Meetings
375
Special Meetings
376
Nature of Corporat1ons
377
Officers
378
Salaries
379
Vacancies and Removal of Officers
380
Dividends
381
Bank Deposits
382
Execution of Contracts
383
Corporate Seal
384
XLLX The Charter
385
Rights to Personal Property
386
Rights Classified
387
Real and Personal Property D1st1ngu1shed 430
388
Real Property Defined
389
Questionable Cases
390
Chapter Page L Incorporat1on
391
Incorporators 332 Name of Corporation
392
Purposes 334 Capitalization 335 Shares 336 Location
393
Duration 338 Number of Directors 339 Classification of Stock 340 Cumulative Voting 341 Execution of Certificate 342 Filing and Recording
394
De Facto Corporation
395
Contracts Prior to Incorporation
396
Kinds of Ownership
397
ByLaws
398
Amendment 348 Enforcement
399
Chattel Mortgage
400
Stock
401
Stock Certificates
402
Capital Stock vs Capital 352 Unissued and Issued Stock
403
FullPaid Stock
404
No Par Value Stock 355 Common Stock 356 Preferred Stock
405
Vested and Contingent Remainders
406
Treasury Stock 358 Lost Certificates 359 How Transferred
407
Time Limit to Effect and Executory Devise
408
Dower and Curtesy
409
Stockholders and The1r Meet1ngs
410
Powers of Stockholders
411
Liabilities of Stockholders
412
Stockholders Meetings 366 Quorum
413
Voting 368 Voting Trusts
414
Proxies
415
LTV D1rectors and Off1cers 4
417
Liabilities
418
Qualifications
419
Landlord and Tenant
424
Copyright

Common terms and phrases

Popular passages

Page 226 - 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 214 - An instrument to be negotiable must conform to the following requirements: 1. It must be in writing and signed by the maker or drawer. 2. Must contain an unconditional promise or order to pay a sum certain in money.
Page 228 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were negotiable. But a holder who derives his title through a holder in due course...
Page 239 - Notice of dishonor is not required to be given to an indorser in either of the following cases 1. Where the drawee is a fictitious person or a person not. having capacity to contract, and the indorser was aware of the fact at the time he indorsed the instrument; 2. Where the indorser is the person to whom the instrument is presented for payment; 3. Where the instrument was made or accepted for his accommodation.
Page 219 - Where the sum payable is expressed in words and also in figures and there is a discrepancy between the two, the sum denoted by the words is the sum payable; but if the words are ambiguous or uncertain, reference may be had to the figures to fix the amount.
Page 229 - Where a signature is forged or made without the authority of the person whose signature it purports to be, it is wholly inoperative, and no right to retain the instrument, or to give a discharge therefor, or to enforce payment thereof against any party thereto, can be acquired through or under such signature, unless the party against whom it is sought to enforce such right is precluded from setting up the forgery or want of authority.
Page 260 - A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder, unless and until it accepts or certifies the check.
Page 242 - The date; 2. The sum payable, either for principal or interest ; 3. The time or place of payment; 4. The number or the relations of the parties; 5. The medium of currency in which payment is to be made; Or which adds a place of payment where no place of payment is specified, or any other change or addition which alters the effect of the instrument in any respect, is a material alteration.
Page 257 - A check is a bill of exchange drawn on a bank payable on demand. Except as herein otherwise provided, the provisions of this act applicable to a bill of exchange payable on demand apply to a check.
Page 255 - When the acceptor of a bill drawn in a set, pays it without requiring the part bearing his acceptance to be delivered up to him, and that part at maturity is outstanding in the hands of a holder in due course, he is liable to the holder thereon.

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