Lumber Legal Opinions
Transcriber’s Note:
The cover image was created by the transcriber and is placed in the public domain.
1910
PUBLISHED BY
NATIONAL WHOLESALE LUMBER DEALERS ASSOCIATION
66 BROADWAY, - NEW YORK
In presenting “Lumber Legal Opinions” to our members and to some of our friends whom we particularly desire to become members of our Association, not only for the good their co-operation will do us, but for their own benefit as well, we desire to say that this compilation is based upon the practical working out of specific cases for our members during the past few years. An examination will, we think, prove the work to be practical and dependable, and generally to express good common sense, and consequently good law. You will, we hope, find it worth your careful study and guidance. In some instances the opinions may be affected by court decisions of the respective States; some of these decisions are specifically referred to, but, as a rule, it has been our aim to secure opinions covering a general situation.
This gives us an opportunity to remind you of the special work which this Association is constantly undertaking for its members and especially that it is worthy of your earnest co-operation and special effort to bring in new members, so that the influence of the organization may be enlarged and made in every way worthy of its name.
Purpose of the Association
The Charter defines the Purpose of the Association to be “to protect the members against unbusinesslike methods in the wholesale and retail trade; to foster such trade and commerce; to reform abuses in such trade or business; to secure freedom from unjust or unlawful exactions; to diffuse accurate information among its members as to the standing of merchants and others by and with whom said trade or business is conducted, and as to other matters to produce uniformity and certainty in the customs and usages of said trade and of those engaged therein; to settle differences between its members, and to promote a more large and friendly intercourse between them.”
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OFFICERS 1910–1911
PREFACE
INDEX
CHOICE OF REMEDIES WHEN LUMBER IS REFUSED ON ARRIVAL.
INTERPRETATION OF “F. O. B.” SHIPPING POINT OR DESTINATION.
BUYING AND SELLING AGENT NEEDS NO LICENSE IN NEW YORK CITY.
RETAINING LUMBER SHIPPED CONSTITUTES ACCEPTANCE.
OBTAINING CERTIFICATES PERMITTING FOREIGN CORPORATIONS TO DO BUSINESS AND MAINTAIN AN ACTION IN NEW YORK OR NEW JERSEY.
A CARRIER IS BOUND TO DELIVER LUMBER AS DIRECTED.
IF A BUYER REFUSES TO TAKE LUMBER ORDERED THE SELLER HAS A CHOICE OF REMEDIES.
UNDER CERTAIN CONDITIONS THE ACCEPTANCE OF PART OF A DEBT DOES NOT RELEASE THE REMAINDER.
BANKRUPTCY AVOIDS AN ASSIGNMENT FOR CREDITORS.
AN INDIVIDUAL MAY TRANSACT BUSINESS UNDER A CORPORATE TITLE IN NEW JERSEY.
WHETHER FREIGHT IS PREPAID OR ALLOWED DOES NOT AFFECT TITLE TO LUMBER.
OBTAINING CERTIFICATES PERMITTING FOREIGN CORPORATIONS TO DO BUSINESS IN PENNSYLVANIA.
PAYMENT OF CLAIMS BY AN EXECUTOR—TIME FOR FINAL ACCOUNTING.
A SELLER MAY CONTRACT AGAINST LIABILITY FOR DELAY IN SHIPPING.
WHEN LUMBER IS SOLD FOR DELIVERY THERE IS A BREACH OF CONTRACT IF NOT DELIVERED.
A LIQUIDATED DEMAND CANNOT BE SETTLED EXCEPT BY PAYMENT OF THE WHOLE AMOUNT.
PRIVILEGE OF STOPPING LUMBER IN TRANSIT WHEN BUYERS BECOME INSOLVENT.
SALES FOR FUTURE DELIVERY.
IN MOST STATES A CONSIGNEE MUST BE NOTIFIED OF THE ARRIVAL OF HIS LUMBER.
OBTAINING CERTIFICATES PERMITTING FOREIGN CORPORATIONS TO DO BUSINESS IN NEW YORK.
THE NEW JERSEY LIEN LAW PROTECTS MATERIAL MEN.
OBLIGATION OF CARRIERS AS TO NOTICE OF ARRIVAL TO CONSIGNEE.
BUYERS’ POSITION WHERE, ON ARRIVAL, LUMBER IS NOT IN ACCORDANCE WITH CONTRACT.
LIABILITY OF TRANSPORTATION COMPANY IN DELIVERING WITHOUT SURRENDER OF BILL OF LADING.
IF NO SPECIFIC TIME OF SHIPMENT IS NAMED A REASONABLE TIME IS UNDERSTOOD.
ONE WHO BUYS LUMBER IS LIABLE THOUGH HE TRANSFERS IT BEFORE DELIVERY.
A LUMBER SALESMAN GENERALLY HAS NO POWER TO BIND HIS PRINCIPAL.
USING LUMBER WITHOUT CONSENT OF SHIPPER WHERE QUALITY IS DISPUTED.
IN AN F. O. B. SALE, SHIPPING POINT, THE CARRIER IS THE BUYER’S AGENT.
BUYERS CAN INSIST THAT LUMBER, PURCHASED ON CREDIT, BE DELIVERED.
ONE CUSTOMER CANNOT DEMAND THAT CREDIT BE EXTENDED TO ANOTHER.
GIVING A BAD CHECK DOES NOT PREVENT DISCHARGE IN BANKRUPTCY.
WHAT IS CONVEYANCE ON F. O. B. SHIPMENT?
FAILURE TO DELIVER ONE INSTALLMENT CAUSE FOR CANCELLING ORDER.
AMOUNT OF CLAIM FOR DAMAGE AGAINST CARRIER.
RISK IN SENDING CHECK TO DRAWER’S BANK FOR CERTIFICATION.
A CONTRACT MAY BE CANCELLED WHEN ONE PARTY IS GUILTY OF BREACH.
LUMBER ON A CONSIGNEE’S SIDE-TRACK IS IN CUSTODY AND AT THE RISK OF THE CONSIGNEE.
WHERE A SELLER REFUSES TO MAKE DELIVERIES, BUYER CAN PROTECT HIMSELF.
ALL CONDITIONS OF A CONTRACT MUST ACTUALLY BE EMBODIED IN THE CONTRACT.
A CARRIER IS LIABLE FOR ANY LOSS CAUSED BY HIS DELAY IN DELIVERING GOODS.
THERE IS NO REMEDY AFTER ACCEPTING LUMBER.
PROPOSED FREIGHT RATE ADVANCE.
ACCEPTANCE OF AN AMOUNT OFFERED AS “PAYMENT IN FULL” MAY OR MAY NOT CANCEL THE DEBT.
PROTEST IS NOT NECESSARY TO HOLD PARTIES PRIMARILY LIABLE.
F. O. B. SHIPMENTS.
PAYMENT OF FREIGHT NOT ALWAYS TRANSFER OF TITLE.
FILING CERTIFICATES IN MARYLAND.
RAILROADS CAN INSIST ON ACCEPTANCE OF DELAYED SHIPMENTS.
QUESTION OF DISCOUNT.
LUMBER MAY BE RETURNED TO THE CONSIGNOR IF THE CONSIGNEE WILL NOT ACCEPT IT.
RAILROADS MUST PAY VALUE AT DESTINATION FOR DAMAGES ON LOST LUMBER.
SUIT CAN BE INSTITUTED IN NEW JERSEY ON JUDGMENT OBTAINED IN ANOTHER STATE.
NOT ALWAYS NECESSARY FOR CARRIER TO NOTIFY CONSIGNOR THAT SHIPMENT IS REJECTED BY CONSIGNEE.
LUMBER IS ACCEPTED UNLESS REJECTED PROMPTLY.
NEW YORK INCORPORATION LAW.
NEW JERSEY INCORPORATION LAW.
A LARGE CONTRACT SHOULD BE IN WRITING.
USING CHECKS MARKED “IN FULL SETTLEMENT.”
A CUSTOMER BUYING ON CREDIT MUST KEEP HIS CREDIT GOOD.
DISCOUNT MUST BE IN ACCORDANCE WITH THE CONTRACT.
A BILL OF LADING TO ORDER RETAINS TITLE TO THE GOODS.
ONE WHO BUYS ON CREDIT MUST KEEP HIS CREDIT GOOD.
A SELLER IS BOUND BY HIS OWN MISTAKE UNLESS IT IS OBVIOUS.
A CARRIER SHOULD PAY VALUE AT DESTINATION FOR LUMBER LOST.
LIABILITY OF SHIPPER WHERE PART OF SHIPMENT IS ADMITTED BELOW GRADE.
NECESSITY OF FOREIGN CORPORATIONS FILING CERTIFICATES.
COURSE TO PURSUE WHEN LUMBER IS REFUSED ON ARRIVAL.
A CARRIER MUST STOP GOODS IN TRANSIT IF PROPERLY ORDERED TO DO SO.
ACCORD AND SATISFACTION.
ACCEPTANCE IN NEW JERSEY MAY BE AFFECTED BY STATUTE.
CONDITIONAL CLAUSES REGARDING TERMS ON LETTERHEADS, INVOICES, ETC.
INTERPRETATION OF “REASONABLE TIME,” “DUE NOTICE,” ETC.
IF SHIPMENTS ARE NOT TENDERED IN TIME THE BUYER NEED NOT TAKE THEM.
WHEN A BUYER ACCEPTS A SHIPMENT, A WRITTEN CONTRACT IS NOT NECESSARY.
IT IS TOO LATE TO CLAIM DAMAGE FOR DELAY IN SHIPMENT WHEN LUMBER IS ACCEPTED.
NOTICE TO AN AGENT IS NOTICE TO THE PRINCIPAL
ASSESSMENT OF FOREIGN CORPORATIONS.
A PRIVATE CUSTOM MAY BE ESTABLISHED TO SUPERSEDE A GENERAL CUSTOM.
AN ORDER MAY BE CANCELED ONLY WHEN BUYER BECOMES INSOLVENT.
A BUYER HAS A CLAIM WHEN HE ACCEPTS A DRAFT ON INFERIOR LUMBER.
CONTRACT OF SALE.
DUTY OF VENDOR TO MINIMIZE LOSS WHEN VENDEE REFUSES TO ACCEPT GOODS.
ACCORD AND SATISFACTION.
CANCELLING AN ORDER BEFORE SHIPMENT—EFFECT OF SAME.
DISCHARGE IN BANKRUPTCY—WHAT WILL PREVENT.
SALES—OF AN INDEFINITE QUANTITY.
LIABILITY OF BANK FOR FAILURE TO GIVE NOTICE OF PROTEST TO ENDORSER UPON NOTE RECEIVED FOR COLLECTION.
ACCOUNTS STATED.
ACCEPTANCE OF GOODS—WHEN SUFFICIENT TO BIND PURCHASER.
CONTRACT OF SALE—STATING ESTIMATES OF MAXIMUM AND MINIMUM AMOUNT.
CERTIFICATION OF CHECK—RELEASES THE MAKER.
SALES—STOPPAGE IN TRANSIT.
FOREIGN CORPORATION LAWS.
CONTRACTS FOR CARLOADS SEPARABLE.
WARRANTY SURVIVES ACCEPTANCE.
ACCEPTANCE OF LESS THAN INVOICE PRICE.
TRANSCRIBER’S NOTES
