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

76
39
CHAPTER III
49
Incomplete instruments
55
Preexisting debt as consideration
60
Extrinsic written acceptance
66
68 Change of interest title or possession
68
Change of title
69
49
70
Mortgage or lien
71
Acceptance by person not drawee
72
Manufacturing establishments
73
Stocks of merchandise Households
74
Vacancy and unoccupancy
76
Permanence of condition
77
Single buildings or series of buildings
78
Nonuser of manufacturing establishments
79
25
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 trustee of in dorser
85
Indorsement in trust for third person
87
Qualified indorsement 189
88
Conditional indorsements
89
Delivery without indorsement
90
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
108 Constructive notice
101
109 Purchase after maturity 102
102
110 Purchase from partner agent or trustee
103
111 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
Incomplete instruments not intentionally delivered as such 57
114
Contracts of Parties to Instruments
115
Indorsement before inception
121
134 Forged indorsements
127
65
129
CHAPTER VII
133
145 When delay in making presentment is excused
136
When no place specified
137
148 Hour of presentment
138
149 Hours of presentment at bank
140
151 To whom presentment must be made
141
152 Presentment is demand of payment accompanied by exhibi tion of instrument
142
154 Dishonor by nonacceptance
143
156 Form of notice
144
158 Indication of dishonor
145
159 By whom notice may be given
146
160 Effect of notice
147
161 Notice by agent
148
163 Successive notices
150
165 Where notice must be sent
151
Illustrations
152
167 When notice dispensed with or delay excused
153
SECTION 4
155
CHAPTER VIII
157
To hold drawer
158
To hold indorsers
159
CHAPTER IX
160
177 Payment must be at or after maturity 178 Payment by drawer or indorser
161
Illustrations
162
180 Cancellation and alteration
163
181 Discharge of indorsers
164
9 GUARANTY AND SURETYSHIP CHAPTER I
165
67
166
Guaranty a collateral undertaking 4
167
Statute of frauds
168
Contract of guaranty must be in writing
169
When is a debt within the statute of frauds
170
11 12 13 14 15 16 Filling blanks in instrument 17 Negotiable notes
171
Strict suretyship
172
Estoppel of surety signing instrument 19 Estoppel of surety as to other facts
179
Effect of judgment on surety 20
180
CHAPTER II
181
Payment of debt discharges surety
182
Fraud and duress by creditor in securing contract
183
Creditor taking forged or illegal note
189
Failure of creditor to apply money in his control to debt
195
Creditor not bound to discover facts
201
Assurance or promise of creditor that he will look
209
68
210
69
223
Liability of principal to surety
229
Conditions Applicable After Loss
233
Statute of limitations
247
SECTION 4
248
101 When surety can enforce exoneration
249
102 Express contract by principal to exonerate surety
250
104 Guaranty of collectibility
251
CHAPTER IV
252
INSURANCE CHAPTER I
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
SAREES 288
288
Fire insurance
290
Implied limitations on warranty
296
Time of payment of premium 88 Incontestable clause CHAPTER IV
299
Conditions Applicable Before Loss
302
Waiver after breach of policy by the insured
308
310
310
74
313
324
324
Waiver before breach of insured
333
303
334
101 Waiver of conditions applicable after loss
335
102 When mere silence is a waiver
337
CHAPTER V
338
106 Perils of the sea
339
107 Collision
340
109 Barratry
341
SECTION 2
342
114 Friendly and Hostile fires
343
115 Fires set by third persons
344
116 Losses that are recoverable
345
118 Indirect losses
346
SECTION 3
348
121 Same continued
349
122 Suicide by insane persons
350
123 Clauses covering insane suicide
351
SECTION 4
352
160
353
128 Accidental means
354
130 Accident followed by disease
356
131 Disease followed by accident
357
133 Total disability
358
CHAPTER VI
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
152 Subrogation against carriers
375
153 Subrogation to contract rights
377
Practical considerations
379
SECTION 3
381
156 Doctrine of subrogation inapplicable
382
BANKS BANKING AND TRUST COMPANIES
383
Illustration
395
Memorandum checks
401
The creation of national banks
407
Construction of rule requiring prompt return of checks
417
Appendix
427
Appendix
435
Banks Banking and Trust Companies
443
173
449
183
450
Copyright

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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 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 121 - ... 3. If he signs for the accommodation of the payee, he is liable to all parties subsequent to the payee.
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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