Business Law: A Working Manual of Every-day Law, Հատոր 1

Գրքի շապիկի երեսը
Ronald Press Company, 1920 - 870 էջ

From inside the book

Բովանդակություն

Constitutional Amendments 11 Constitutions that Legislate
11
Legislative Enactments
12
Statute Law 14 Subsidiary Laws
13
Contract by Letters
14
THE UNwritten Law 15 Definition
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 EQUITY 24 Remedial
22
Equity in the Legal Sense
23
Suits at Law and in Equity 27 Bringing a Suit at
24
Contract of Warranty PAGE 744
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
ProxySimple Form
31
Advisability of Litigation
32
Revocation of Proxy
33
FORMS OF NEGOTIABLE INSTRUMENTS Form 34 Check by Individual
34
CRIMINAL LAW 32 Criminal Procedure
35
THE SETTLEMENT OF AN ESTATE
36
Classes of Offenses Against the Criminal Law 34 Penalties
37
Note by Individual
38
Corporate Noteby President 773
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
INTEREST 512 Interest
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 ORGANIZATION FORMS Form 53 Subscription List 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
Call and Waiver for Special Meeting of Directors
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
TENDER OF PAYMENT OR PERFORMANCE 76 Definition
76
Time to Tender Performance
77
Extent and Kind of Tender
78
ASSIGNMENT AND NOVATION 64 Assignment of Contracts
79
Contracts Made by More Than Two Parties
80
CONTRACTS TO SELL 81 Sales and Contracts to Sell
81
Uniform Sales
82
What is Necessary to the Contract of Sale
83
The Agreement
84
Sales to Persons Incompetent to Contract
85
Novation X DISCHARGE OF CONTRACTS 66 Discharge by Performance 67 Discharge by Agreement
86
Discharge by Various Other Causes
87
PAGE 3
92
7
95
Law Governing Remedy
98
Statute of Limitations
99
RIGHTS IN PROPERTY WHEN THERE IS NO WILL
105
THE CONTRACT OF SURETYSHIP OR OF GUARANTY 483 Definition
111
79
113
84
123
Nature of Subject Matter
125
Destruction of Subject Matter
126
Sales to Arrive 90 A Contract of Sale Must Be Legal
127
PASSING TITLE 91 Delivery 92 Selection Necessary to Delivery
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 101 Description of the Statute of Frauds 102 Contracts to Sell
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 PAGE 103
142
Agents Duty to Third Party
143
Limitation of Agents Authority
144
Implied Warranties
147
Hiring of a Chattel
149
RIGHTS OF SURETY OR GUARANTOR 489 Notice
155
115
156
Compound Interest 516 Partial Payments Part XVBankruptcy
158
SALES AT AUCTION
159
ASSIGNMENT FOR THE BENEFIT OF CREDITORS 517 Introductory
165
129
166
56
167
Real Estate Mortgage
168
THE CONTRACT OF AGENCY
173
RIGHTS IN PROPERTY LEFT BY WILL
175
THE PRINCIPAL
179
15
181
THE AGENT
185
Property Rights
186
138
188
Agents Fraudulent Conduct
197
Agents Liability PAGE XXV THE THIRD PARTY
198
22
199
Third Partys Relation to Agent
202
Third Partys Relation to the Principal
204
TERMINATION OF AGENCY 149 Termination by Fulfilment 150 Termination by Either Party
205
Termination by Disability
207
An Agent with an Interest
209
Part VNegotiable Instruments
211
FORM AND INTERPRETATION 213 153 The Quality of Negotiability
213
Defenses
214
Signature 155 Unconditional Promise
215
Certainty as to Sum 157 Payable on Demand 158 Certain Future Time
216
Payable to Order 160 Payable to Bearer 161 The Date
217
Consideration 163 Delivery
218
Discharge of Indorser
230
Liability of Guarantor 182 Liability of Accommodation Signer
231
PRESENTMENT FOR PAYMENT 234 183 Necessity of Presentment 184 Requirements for Presentment
234
Presentment Excused 186 When
235
NOTICE OF DISHONOR 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
DISCHARGE OF NEGOTIABLE INSTRUMENTS 194 When Discharged 195 When Not Discharged
241
Effect of Alteration
242
PAGE
243
Interest
244
Demand Notes 201 Effect of Renewal 202 Note as a Gift
245
BILLS OF EXCHANGE AND ACCEPTANCES 203 Definition 204 Liability of Maker Drawer and Acceptor 205 Acceptance
247
Domestic Bank Acceptances 206 Dollar Acceptance
249
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
BANK CHECKS 217 Definition 218 Checks as Evidence of Payment
257
Signature of Drawer 220 Presentment for Payment
258
Banks Relations with Depositor
259
222
260
Certification
261
Fraud
262
226
263
Part VIInsurance
265
FIRE INSURANCE 227 The Parties
267
Nature of the Contract 229 Agents 230 The Policy
268
Premiums
271
The Property Insured
272
Warranties and False Reresentations 234 Settlement of Losses
276
LIFE INSURANCE 235 Nature of Contract 236 Insurable Interest
280
237
281
The Policy
282
Premium Rates 240 Agents
284
241
285
243
286
Government Insurance for Soldiers and Sailors
287
SUNDRY INSURANCE CONTRACTS 245 Enumeration 246 Marine Insurance
290
247
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
PAGE 257
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
267
307
Employment after Expiration of Contract 268 Rights and Remedies
308
RELATIONS OF PARTIES 270 Duties of Employee to Employer
312
Duties of Employer to Employee
314
280
315
Presumption with Regard to Joint Owners 273 Wages
319
Fines Deductions
321
EMPLOYERS RESPONSIBILITY 275 Introductory PAGE 301 312
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
340
THE CONTRACT OF PARTNERSHIP 288 Parties
344
Kinds of Partners
345
290
347
The Firm Name
348
Partnership a Personal Relation
349
Classification of Partnerships
350
PARTNERSHIP PROPERTY
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 525 Receivership 526 Bankruptcy 591
357
POWERS AND LIABILITIES OF PARTNERS
361
TERMINATION OF PARTNERSHIP
368
How Bankruptcy Proceedings Are Instituted 532 The Referee 533 Procedure 534 Creditors 535 Rights and Duties of Receiver 536 Rights and Duties ...
370
DISCHARGE IN BANKRUPTCY 539 Discharge of a Bankrupt 540 What Debts Remain Undischarged
371
Vacancies and Removal of Directors 375 Regular Meetings
375
Special Meetings
376
NATURE OF CORPORATIONS
377
Officers
378
Salaries
379
Vacancies and Removal of Officers
380
Dividends
381
Bank Deposits
382
Execution of Contracts
383
Corporate Seal
384
THE CHARTER
385
Rights to Personal Property
386
Rights Classified
387
REAL AND PERSONAL PROPERTY DISTINGUISHED 388 Personal Property Defined
388
Real Property Defined
389
Questionable Cases
390
Application for Incorporation
391
Incorporators 332 Name of Corporation
392
Purposes 334 Capitalization 335 Shares 336 Location
393
339
394
De Facto Corporation
395
344
396
Kinds of Ownership
397
BYLAWS 345 Definition 346 Adoption
398
Amendment 348 Enforcement LII STOCK
399
Chattel Mortgage
400
349 Capital 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
361
410
Powers of Stockholders
411
Liabilities of Stockholders
412
Stockholders Meetings 366 Quorum
413
Voting 368 Voting Trusts
414
Proxies
415
DIRECTORS AND OFFICERS 370 Status and Functions of Directors 371 Number and Authority
417
Liabilities
418
Qualifications PAGE 391
419
377
420
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Common terms and phrases

Սիրված հատվածներ

Էջ 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.
Էջ 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.
Էջ 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...
Էջ 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.
Էջ 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.
Էջ 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.
Էջ 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.
Էջ 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.
Էջ 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.
Էջ 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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