The Civil Code of the State of New York Reported Complete

Front Cover
Weed, Parsons, 1865 - Civil law - 776 pages
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Contents

DIVISION FIRST PERSON Paki I Persons II Personal rights III Personal relations PART I
3
Persons of unsound mind
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 II
19
When separation may be adjudged
24
Obligation of parents for the support and education of their children
30
Allowance to parent
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
Guardians discharge
44
County superintendents and overseers to be guardians of servants
45
Penalty
48
Assignment by court
49
DIVISION SECOND PROPERTY
51
Property in general
53
Ownership absolute or qualified
56
Two or more future interests
59
Real or immovable property
60
Fixing the time of enjoy merit
61
RESTRAINTS UPON ALIENATION Section 201 How long it may be suspended
62
Restriction on qualification of enjoyment
63
TITLE III
66
Enumeration of estates
67
Freeholds chattels real chattel interests
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
Notice not necessary before action
74
By whom held
76
Extent of servitudes 7
78
Boundarios
79
Right to possession of land creates legal ownership
84
Trusts to be in writing
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
Married women
101
PART III
107
PARTICULAR KINDS OP PERSONAL PROPEBTY
108
NATUBE OF A CONTBACT Chapter L Definition
109
ARTICLE I
116
Personal or movable property IV Acquisition of property
133
Accession by uniting several things
136
EFFECT OF TRANSFER Page
138
When oral
140
How executed 97
144
What easements pass with property
146
A rticlk L What may be recorded
152
ARTICLE IV
158
Certain instruments void against purchasers ifec
159
Charge or incumbrance not a revocation
162
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
Covonants running with land what
202
What covenants run with land when assigns are named
203
Who are bound by covenants
204
TITLE IV
205
Partial performance
206
OFFER OF PERFORMANCE Sbctios 706 Obligation extinguished by offer of performance
209
Objections to mode of offer
214
PART II
223
Who maycontract
224
CHAPTER II
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
OBJECT OF A CONTRACT Section 775 Object what
237
Good consideration what
238
Contracts express or implied
242
Seal what
244
Uniformity of interpretation
245
Technical words
249
Interpretation in sense in which promisor believed promisee to rely
250
Inconsistent words rejected
251
Necessary incidents implied
252
ARTICLE
275
Warranty on sale of written instrument
278
Deposit kinds of
283
Deposit for hire
288
Degree of skill
293
TITLE V
300
When terminated by death to of party
302
Notice to qnit
304
Obligations of letter of personal property
305
Service
306
When employer must indemnify employee SOT 1006 Whennot
307
SCOTIOK 1008 1009 1010 Duties of gratuitous employee 308
308
Preference to bo given to employers
312
ARTICLE IV
313
ARTICLE I
315
Power of master over seamen
320
ARTICLE V
322
Certificate
324
Maintenance of seaman during sickness
325
ARTICLE VI
326
Carriage
327
Freight consignor Ac what
330
Loss how borne
336
Liability of inland carriers for loss
343
OBLIGATIONS OF TRUSTEES pg8
347
Third person when involuntary trustee
354
Trustees power as agent
358
DEFINITION OF AGENCY Page Section 1216 Agency what
362
Agency actual or ostensible
363
Creation of agency
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
Section 1262 1263 Termination of agency
375
Factor what
377
Partnership what
381
ARTICLE IV
390
WHAT MAY BE INSURED Page
405
Representation as to future
410
Materiality
414
Policy what
415
Insurance by part owner
416
Valued policy what
417
Warranty express or implied
418
PREMIUM Section 1424 When premium is earned
419
L
420
Marine insurance what
425
ARTICLE VI
431
Deviation exonerates the insurer
432
ARTICLE VII
433
Presumed actual loss
434
ARTICLE VIII
435
When may be made
437
No other cause can be relied on
438
Accepted abandonment irrevocable
439
Partial loss
440
What dealings with debtor exonerate guarantor
460
Who are sureties
467
ARTICLE IV
481
Mortgage what 186
485
Power of sale
488
Onwhatalien
489
Against whom a mortgage is a lien
490
Waste
491
Effect of record
492
Recording assignment
493
MORTGAGE OF PERSONAL PROPERTY SlCTION 1632 To be in writing
494
How filed
495
Duty of officers
496
Duty of auditor upon filing
497
Certain errors to bo disregarded
498
647 Pledge what 5u0 1648 When contract is to be deemed a pledge 601
499
Pledge lender what 605
500
Pge
501
Obligation of pledgee aud pledgeholder for reward 605
506
Waiver of notice of sale 607
507
Surplus to be paid to pledgor
508
CHAPTER IV
509
Rate of interest
511
Stipulation for personal liability void 612
512
Preference of bottomry lien over other liens 612
513
Lien of seller of real property
514
Lien of factor 617
515
STOPPAGE IN TRANSIT Section 1707 When consignor may stop goods 620
520
TITLE XV
522
i0
528
ARTICLE IV
534
ARTICLE VI
543
MEASURE OF DAMAGES
565
Damages for breach of contract II Damages for wrongs III Penal damages IV General provisions ARTICLE I
568
Breach of agreement to pay for personal property sold
572
Breach of agreement to buy personal property 672
574
Breach of warranty of authority 675
575
Failure to quit after notice 678
578
Assignment when void
606
Sbctic 168C Respondentia what
613
Respondentia by owner
614
PART III
621
Profits 410
717

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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