Business Law for Business Men: A Reference Book for Daily Use in Business Affairs Showing the Law of California, on Business Contracts and Legal Obligations, the Collection of Bills and Accounts, the Rights of Parties to Notes and Mortgages, and the Law of Attachments and Executions

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publisher not identified, 1902 - Commercial law - 402 pages
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Contents

Termination of Contracts
30
Interpretation of Contracts
31
Printed and Written Parts of Contract
32
Agreement to Sell Personal Property
33
Where Delivery Must Be Made
34
STOPPAGE IN TRANSIT Section 32 When Seller or Consignor May Stop Goods in Transit
35
Resale of Personal Property
36
What Will Defeat Vendors Right to Stop Goods
37
Warranty on Agreement to Sell Merchandise Not in Existence 3g Section 38 Manufacturers Warranty against Defects
38
Warranty by Trademarks and Other Marks
39
When Auction Sale Is Complete
40
Frauds upon the Buyer
41
DEPOSIT OF PERSONAL PROPERTY Section 50 Deposit for Safe Keeping
42
Things Which Will Excuse Delivery
43
STORAGE IN WAREHOUSES Section 56 Warehouse Receipts
44
When Warehouse Receipt Is Not Negotiable
45
Liability of Warehouseman
46
Warehousemans Liability for Loss by Fire
47
Exemption from Liability in Certain Cases
49
What Property Must Be Deposited in the Safe
50
Liability of Hotel Boardinghouse and Lodginghouse Keepers for Loss by Fire
51
Liability of Hotel Boardinghouse and Lodginghouse Keepers for Loss by Theft
52
Lien of Hotel Boardinghouse and Lodginghouse Keeper on Baggage and Other Property
53
Who Is a Servant
63
Sale by Sample
74
Declarations of Wholesalers Agent
75
Wholesalers Repudiation of Agency
76
MANUFACTURERS AGENTS Section 1ai Manufacturers Agent to Buy or Sell
78
Agents Authority to Borrow Money
79
Agent Selling Goods out of Manufacture
80
Selling Goods for One Year Made in Another
81
Insurance of Consigned Property
82
Instructions from Consignor
83
Special Property in Consignments
84
Right to Commissions
85
Authority as General Agent
86
Verbal Contract Invalid
87
Description of Land
88
What Is Sufficient Authority from Corporation
89
Ratification of Unauthorized Employment by Corporation
90
Option to Agent to Sell for Commission above a Fixed Price
91
Failure of Sale by Defective Title
93
What Is Good Title
94
Commissions upon Sale or Exchange by Owner
95
What Constitutes a Sale by Owner
96
Liability of Owner to Auctioneer
97
Agents Mistake as to Title
98
Terms of Payment and Refusal to Accept Tender
99
Owner and Purchaser Need Not be Brought Face to Face
100
Prevention of Sale by Owner
101
Section
103
Agreement between Agents to Cooperate in Selling
104
Risk of Purchaser Who Takes Lawyers Advice as to Title
105
Interest Allowed by Law on Agents Commissions
106
Selling Land on Shares
107
Agent Buving in His Own Name
108
Death of Principal Revokes Authority of Agent
109
Designation of Parties no Section 198 Insurable Interest
110
Measure of Interest in Property
111
When Insurable Interest Must Exist
112
Wager Policies Void
113
The Policy of Insurance
114
Open and Valued Policies
115
Agreement Not to Transfer
116
Notice of Loss
117
Alteration Increasing Risk
118
Falsity of Material Representations by Insured
119
Statements as to Valuations
120
Right of Arbitration
121
Waiver of Condition as to Prepayment of Premium
122
Insurance of Unoccupied Building
123
Rules for Interpreting Contract of Insurance
124
Time When Policy Takes Effect
126
Contract of Reinsurance Effect of Prior Loss
127
Provision as to Bringing Suit
129
Liability of Heir for Premium
130
FIRE INSURANCE AGENTS Section 239 Appointment and Authority of Agents
131
Brokers or Agents
132
Authority of Local Agent
133
Ostensible General Power of Local Agent
134
Application Made Out by Agent of Company
135
Waiver of Petroleum Clause by Agent
136
Agents Knowledge of Former Insurance
137
Waiver from Knowledge of Agent
138
Contract or Memorandum to be Recorded
139
Contractors Bond
140
Form of Builders Contract
141
Reference to Plans and Specifications in Contract
146
Building Contract Where Price Does Not Exceed One Thousand Dollars
147
Owner Preventing Work
148
Agreement as to Extra Work
149
Contract Providing for Arbitration
150
Invalid Memorandum
151
Owner Not Liable for Damages on Unrecorded Contract
153
MECHANICS LIENS Section 284 The Persons Entitled to Liens
154
Advance Payments Do Not Affect Lien
155
What Interest in the Land Subject to the Lien
156
Effect of Mechanics Lien
157
Fee for Recording Owners Notice
158
Occupation or Use of Building Equivalent to Com pletion
159
When Suit Must Be Commenced to Foreclose Lien
160
Measure of Recovery by Contractor
161
Lien May Be Waived and Personal Action Brought
162
Building Constructed under Distinct Contracts Who Is Original Contractor
163
Allowance of Attorneys Fees
164
Deduction by Owner of Amount of Foreclosed Lien
165
Lien against Railroad
166
Miners Lien Must Be upon the Whole Claim
167
No Lien against a Public Building
168
Right of Materialman to Give Notice
169
Description of Mining Claim
170
Contractor and Owner Cannot Take Away Material mans Lien
171
Attorneys Fee Need Not Be Paid before Suit
172
Mining Ground Patented Land
173
ARCHITECTS Section 341 Compensation of Architect
174
Architect Has No Lien against Monument in Public Park I76 Section 345 Payments Made on Architects Certificate
176
Condition as to Certificate May Be Waived by Owner
177
Liability of Architect for Negligence
178
Liability for Disclosing Intention of Owner
179
LIENS FOR SALARY AND WAGES Section 355 Preferred Claims for Salary and Wages
180
VENDORS LIEN Section 358 Lien of Seller of Real Property
181
Extent of Vendors Lien
182
Lien of Livery Stable Proprietors
183
Lien for Pasturing Horses or Stock
184
Officers Lien
185
When Suit Must Be Commenced to Foreclose Lien
186
LIEN OF PERSONS WORKING ON THRESHINGMACHINES Section 375 Persons Entitled to the Lien
187
No Notice Required
188
Notice to Subsequent Purchasers
189
DAMAGES FOR BREACH OF CONTRACT PAGE Section 387 Measure of Damages
190
Damages in Case of Exchange of Lands
191
Breach of Warranty for Special Purpose
192
Damages for Breach of Other Contracts
193
Formation of Partnership
194
Partners Interest in Partnership Property
195
Special Partnerships
205
Special Partnership Liability of the Partners
206
Interest and Profits of Special Partner
207
Profits and Losses in Mining Partnership
208
New Member of Mining Partnership
209
Owners of Majority of Shares Govern Conduct of Mine
210
Total Dissolution of Partnership
211
Notice of Dissolution of Partnership
217
Winding up the Partnership Affairs
218
SURVEYS OF LAND PAGE Section 436 Public and Private Land Surveys
219
Government Survey Accepted and Approved Is Fixed and Unchangeable
220
Finding Original Location of Township Line
221
Townships
223
Principal Meridians and Base Lines
224
Township Corners
225
Section Corners
226
Quarter Section Corners
227
Meander Corners
228
Government Lines and Corners Must Control
229
Proportionate Measurements
230
Instructions from the General Land Office
231
Manual of United States Surveying
233
Completion of United States Survey
234
DIVISION FENCES Section 462 Fences on the Line
235
Alameda County Onehalf the Value Must Be Paid
237
Alameda County Lien for Onehalf the Value of Fence
238
Alameda County Height of Division Fences and Partition Walls in Cities and Towns
239
Alpine County Fence Law Same as in Alameda
240
Amador County Lawful Division Fences
241
Amador County Duty of Owners
242
Amador County Trespasses by Animals
243
Colusa County Trespassing Animals
244
Colusa County Manner of Constructing Partition Fences
245
Colusa County Lands Exempted
246
El Dorado County Trespass of Animals
247
Glenn County Fence Law Same as in Alameda
248
Madera County Fence Law Same as in Alameda
249
Modoc County Division Fences
250
Modoc County Construction of Division Fence
251
Mono County Fence Law Same as in Alameda
252
Napa County Division Fences
253
Plumas County Fence Law Same as in Alameda
254
San Joaquin County Fence Law for Remainder of County
255
San Mateo County Manner of Constructing Fences
256
Santa Barbara County Fence Law Same as in Amador
257
Sonoma County Lawful Division Fences
258
Sonoma County Land Bordering on Highway
259
Trinity County Trespasses by Animals
260
RIGHTS AND LIABILITIES OF PROFESSIONAL MEN PHYSICIANS AND SURGEONS Section 552 Duty of Physician and Surgeon
261
Liability for Injury to Patient
262
Failure to Use Proper Appliances
263
Liability for Abandoning Case
264
Liability for Negligence in Case of Gratuitous Service
265
Burden of Proof in Suit for Damages
266
Board of Medical Examiners
267
Evidence in Trials for Practicing without License
268
Right to Jury Trial
269
Compensation of Physicians
270
Physicians as Expert Witnesses
271
Witness Fees of Physician
272
Section 573 Privileged Communications Generally
273
County Physicians
274
Contract with Teacher
280
To Whom Liable
286
Premature Protest of Promissory Note
291
False Certificate to Acknowledgment
292
Notary Cannot Amend Certificate
293
Party Introduced to Notary
295
CARRIERS OF FREIGHT Section 620 Freight and Freightage
296
Delivery of Freight
297
Bill of Lading
298
Number of Bills of Lading
299
Freight Carried Farther Than Agreed
300
Agreements to Limit Liability
301
Liability for Delay
302
Accepting Freight for Place beyond Usual Route
303
Liability of the Writer
304
Credit Given Must Agree with Terms of Letter
305
BILLS OF EXCHANGE Section 645 Nature of Bills of Exchange
306
When Bill of Exchange May Be Presented for Acceptance
307
What May Be Treated as Sufficient Acceptance
308
Acceptance or Payment for Honor
309
Foreign Bills
310
Damages Allowed on Dishonor of Bill of Exchange
311
Assignment by Insolvent Debtor
312
Creditors Claims
318
Assignee May Sue in His Own Name
324
Section 594
326
Sect
331
Note Made to Corporation
337
Note with Payee Blank
343
Indorsement of Negotiable Note
349
Rights of Indorsee in Due Course of Business
352
Section 753By Whom Note Must Be Presented for Payment 353
353
At What Place Note Must Be Presented for Payment
354
What Is Reasonable Diligence
355
How Notice of Dishonor May Be Given
356
Form of Notice of Dishonor
357
Protest of Foreign Note
358
MORTGAGES Section 767 Mortgage Security
359
How Mortgage Is Executed and Acknowledged
360
Mortgage of Partnership Property
361
Mortgage Not Recorded Good between Parties
362
Declaration of Homestead
363
Form of Declaration of Homestead by Wife
365
Value of Homestead
366
Form of Real Estate Mortgage
367
Rules Which Apply to Chattel Mortgages
369
Deed as Security and Agreement to Deed Back
372
Interest on Judgment
373
In What Court Suit Must Be Brought to Foreclose Mortgage
374
Costs of Foreclosure
375
Assignment of Certificate of Sale
376
The Sheriffs Deed
377
Deficiency Judgment
378
Right to Rents and Profits
379
How to Collect a Note When Maker Is Dead
380
Foreclosure of Mortgage Payable in Instalments
381
Liability of Partners on Partnership Note
382
PART IV
383
What Property Can Be Attached
384
Mortgaged Property May Be Attached
388
Garnishment 389 4
389
Money in the Hands of the Law
390
Dissolution of Attachment
391
Judgment a Lien on Real Property
392
Time within Which Execution May Issue
393
PART V
394
Who May Make a Will
395
Kinds of Wills
396
Form of Olographic Will
398
Gifts to Subscribing Witnesses
399
Share of Child Born after the Will
400
When Will Takes Effect
401
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