Index
- Acceptance and delivery, what constitutes, [242]
- Action, defined, [4]
- Actions, different kinds of, [165] 166
- Administrator, may dispose of lease, [155], [156];
- can assign remainder of lease, [157]
- Adoption of children, form for or agreement for, [312].
- See Child, Adopted
- Adulteration of a commodity, [260]
- Advantage, incidental, [218]
- Agency, [6];
- Agent, when authority must be in writing, [7];
- cannot purchase principal's property, [8];
- power affected by usage or custom, [8];
- invalid act of, cannot be ratified, [9];
- ratifying a forgery, [9];
- cannot appoint a substitute, [10];
- liability of, [10];
- secret instructions to, [11];
- cannot act for both parties, [12];
- cannot receive profit from transaction, [12];
- must be faithful, [12];
- termination of relation of, [13], [14], [15];
- duties of affected by insanity of principal, [13];
- marriage of principal, [13];
- must keep principal informed, [14];
- liability of principal for acts and statements, [9], [10], [11], [12], [13], [14];
- auctioneer owners, [16];
- auctioneer purchaser's, [16], [1];
- length of term of, [17];
- for corporation, [26];
- bailor as, [28];
- broker as, [45];
- may make chattel mortgage, [53];
- how should sign checks, [58];
- authority of to receive stock subscriptions, [77];
- deception of releases subscriber, [77], [78];
- corporation can do wrong through, [98];
- can be appointed to examine books, [101];
- has insurable interest in goods, [126];
- state prosecutes through, [164]
- Agent, general, [6], [7], [8], [10];
- partner is a, [198]
- Agent, special, [6], [7], [18];
- insurance broker is a, [46]
- Agisters, [30]
- Alien, may become voluntary or involuntary bankrupt, [31];
- Animals, vicious, a nuisance, [258]
- Annoyances, temporary, [256]
- Apologies for slander and libel, [255]
- Appeals, court of, [4]
- Apprentices, and Compensation Acts, [268]
- Arbitration, [45]
- Assault and battery, a wrong, [250]
- Assent, mutual, basis of sales and contracts to sell, [227]
- Assets, disposition of in partnership failure, [202]
- Assignment. See Bankruptcy: Patent
- Associations, beneficial, [38];
- social and business, [38];
- voluntary, [39];
- incorporated, [39];
- articles and rules, [39];
- legal status, [39];
- members not partners, [39];
- liability to creditors, [39], [40];
- rights of members, [40];
- recovery of property by members, [41];
- exemption from taxation, [41];
- admission of members, [41], [42];
- initiation, [42];
- property rights of religions, [42];
- benefits to sick members, [42], [43];
- power to expel, [43], [44];
- expulsion in subordinate lodges, [44];
- restoration of members, [44];
- withdrawal of members, [44];
- liability of members for promised benefit, [44], [45];
- cannot confer judicial power on its officers, [45];
- cannot defer future controversies to arbitration, [45]
- Assumpsit, action of, [165]
- Attorney. See Power of Attorney
- Auctioneer, [16];
- Automobile, [19];
- rights of owner,19, [20];
- no superior rights, [20];
- non-resident driver, [20];
- license, [20];
- liability of bailor, [20], [21];
- responsibility of hirer, [21];
- sale of, by hirer, [21];
- obligation on hirer's part, [21];
- owner's redress of car misused, [21];
- duty of owner or hirer when carrying passengers, [22];
- compensation of owner, [22];
- liability for using without owner's consent, [22];
- liability of a corporation hirer, [22];
- liability for joy riding, [22];
- speed of, [22];
- exclusion of, [22];
- "the law of the road," [22], [23];
- rights of pedestrian, [22], [23];
- passing each other, [23];
- backing, [23], [24];
- meeting in street, [23];
- at intersecting streets, [24];
- obstructions in road, [24];
- driver must use care to avoid injury, [24], [25];
- competency of driver, [25];
- must be under reasonable control, [25];
- driving in a fog, [25];
- liability of owner, [25]
- See Chauffeur, Garage Keeper
- Bacon, quoted, [45]
- corporation as, [26];
- finder of lost property is, [26], [27];
- rights of creditor of, [28];
- liability of, [28], [29];
- must be informed of all faults, [28], [29];
- liability of bank as, [29];
- liability of a safe deposit company as, [29];
- usually a keeper only, [29];
- exceptions, [29], [30];
- return of property at end of bailment, [30];
- lien for services, [30];
- has insurable interest in goods, [126];
- garage keeper is a, [133]
- Bailee, liability of a minor, [26];
- Bailment, [20], [26]-30
- Bailor, not responsible for negligence of hirer, [20];
- liability as bailee, [29];
- not legally bound to pay check to holder, [58];
- agreement to pay check is with depositor, [58];
- responsible for payment of checks, [59];
- not responsible for checks carelessly written, [60];
- liability for forged checks, [60];
- is liable if makes payment on stopped check, [61];
- life of a national, [73];
- can retain dividend, [78];
- liability of national shareholders, [78], [79];
- directors of national, [87];
- directors of, [88], [91], [94];
- who loans money of, [88];
- president, [91], [92];
- national cannot always certify a check, [99]
- Bank, custodian of lost property, [27];
- filing of petition of voluntary, [33];
- withdrawal of petition, [33];
- what must accompany petition, [33];
- filing of petition against, [33], [34];
- must file schedule of property, [34];
- first meeting of creditors, [34];
- subsequent meetings, [34];
- represented by trustee, [34], [36], [37];
- proving and allowing claims against, [35], [36];
- insurance policy of, [37];
- discharge of, [38];
- punishment of, [38]
- Bankrupt, voluntary and involuntary defined, [31];
- Bankruptcy, [31];
- Beneficial associations. See Associations, Beneficial
- Benefit, conference of a, [218]
- Bid, authority of auctioneer to accept, [18]
- Bill and note broker, [45]
- Bill of exchange, definition, [196];
- Bill of Lading, [48], [243]
- Bill of sale, form for, [281]
- Boarding house, liability of keeper of, [149]
- Bonds, government, equity does not require delivery of actual bonds purchased, [120]
- Bottomry loan, [239]
- Broker, [45];
- Brokerage, [45]
- See Real Estate, Land
- Building, form for agreement for, [278].
- Burglary, excused by drunkenness, [117]
- Buy and sell, regulations concerning capacity to, [228]
- By-laws, neglect of, in holding meeting, [81]
- Capital, [74], [78], [94]
- kinds, [48];
- authority of private, [48];
- required to use great care, [48];
- may modify common law by contract, [48];
- can limit liability, [48], [49];
- must carry all responsible passengers, [49];
- regulations for carrying freight, [49];
- have lien to hold freight, [50];
- statutes regarding loss of life, [50];
- liability for injuries, [50], [51];
- sleeping car company not common, [51];
- liability for loss of baggage, [51];
- distinction between general and local express companies, [51], [52];
- United States common, for mails, [52].
- See Mails
- Carrier, [48];
- Carrier common, duty to an intoxicated person, [118]
- Cattle, trespassing, liability of owner of, [257]
- Car, liability of principal for acts of conductor of, [11]
- Certificate of stock, form for, [301]
- Charities. See Associations, Beneficial
- perpetual, [73]
- Charters, of national banks, [73];
- See Mortgage, Chattel
- Chattel mortgage with power of sale form for, [288].
- Chauffeur, physical fitness of, [25];
- signing of, [58];
- bank not legally bound to pay, to holder, [58];
- payment of, when funds insufficient, [58], [59];
- banks responsible for payment of, [59];
- two rules relating to payment of, [60];
- forged, [60];
- holder of, should deposit immediately, [60], [61];
- drawer may stop payment of, [61];
- certified, [61];
- when given in payment, [212]
- Check, [58];
- Child, adopted, [5];
- Children, must be supported by parent, [197];
- Church, form for subscription to build a, [299]
- definition of, [62];
- duty of, [62];
- double allegiance of, [62];
- state protects ordinary rights of, [62];
- protection of, defined by constitution and Federal law, [62];
- corporation may be included in term, [62];
- who is, of United States, [62];
- alien woman as, [62];
- American woman loses rights by foreign marriage, [62];
- alien may be naturalized, [62], [63]
- Citizen, [62];
- Coin, legal limit of, in payment, [211]
- Cold storage, [29]
- basis for computation of compensation under, [274]
- Compensation Acts, Workmen's, [266];
- Complaint, action of, [166]
- kinds of, [64];
- parties to, [65], [66];
- consideration of, [66], [67], [68];
- mutuality of, [68];
- acceptance of, at time of offer, [68];
- offer made on time, [68];
- offer can be withdrawn, [68], [69];
- acceptance after reasonable time, [69];
- by correspondence, [69], [70];
- acceptance of, by telegraph, [69];
- withdrawal of, by telegraph, [69];
- offers and rewards, [70], [71];
- dates of, [71];
- interpreted by law of place when made, [71];
- execution of, [71];
- damages for failure to execute, [71], [72];
- effect of drunkenness on, [116], [117];
- equity enforces, [118], [119], [120];
- insurance policy is, [125], [126];
- of insurance can be reformed by court of equity, [128];
- responsibility of innkeeper may be changed by, [149];
- life insurance, [167];
- of a minor, [176];
- to sell in the future, [227];
- when necessary to be within, [242];
- for manufacture not included in Statute of Frauds, [243];
- form for bond to perform a, [280].
- See Deceit, Drunkenness, Quasi-Contracts
- Contract, [64];
- Contract of service, [267]
- Contract, Quasi. See Quasi Contract
- Contractors, independent, and Compensation Acts, [271]
- Conveyance of real estate, in Statute of Frauds, [242]
- Co-partnership, form for articles of, [305], [307]
- Corporate owners of vessels, [236]
- an involuntary bankrupt, [31];
- definition of manufacturing, [31];
- trading, [32];
- through its officers can admit inability to pay debts, [32];
- when paying benefits not exempt from taxes, [41];
- liability for injuries, [41];
- as mortgagee, [53];
- may be included in term citizen, [62];
- kinds of, [72], [73];
- formation of, [73], [74];
- perpetual charters, [73], [74];
- has no heirs, [74];
- continues through succession, [74];
- purchase of stock by one member, [74];
- capital of, [74];
- reasons for forming, [75];
- who can subscribe to stock of, [75];
- fictitious subscriptions to stock of, [75];
- stock certificates [76], [86];
- capital stock increased [76];
- rights of stockholders, [76];
- preferred stock, [76];
- subscriptions
- to shares is a contract, [77];
- cannot purchase own shares, [78];
- has no lien on its stock, [78];
- liability of shareholders, [78], [79];
- appointment of receivers, [79];
- assessments on stock, [79];
- meetings, [80];
- power of, [80];
- charter of, [80];
- majority shall rule may be modified, [80];
- who may call meetings, [80], [81];
- annual meetings, [81];
- regular meetings, [81];
- special meetings, [82];
- notices waived, [82], [83];
- who can vote, [83], [84], [85];
- right of transferee, [85];
- directors of, [86]-93, [94], [96], [100], [101];
- affairs handled by few men, [88]; failure of, [92];
- dividends, [92], [94]-98;
- wrongs of, [98];
- liability for acts of agents, [98], [99];
- owner of stock has insurable interest in goods, [126];
- when private may make lease, [155];
- municipal, and leases, [155];
- may take lease, [155];
- can sue for slander or libel, [253];
- may be a devisee, or legatee, [264]
- Corporation, cannot become a voluntary bankrupt, [31];
- Court, federal and state, [1], [4];
- See Deeds
- Covenants, [104], [105], [122], [165].
- Credit, letter of, form for, [309]
- assignment for benefit of, [32];
- filing of petition against bankrupt, [33], [34];
- claims of, [34], [35], [36];
- election of trustee by, [34], [36];
- right to vote at meetings, [35];
- may object to discharge of bankrupt, [38];
- liability of beneficial associations to, [39], [40];
- several may join in giving mortgage, [53];
- attachment has insurable interest in goods, [126]
- Creditor, of bailee, [28];
- Crime, drunkenness as excuse for, [117];
- Curtesy, [101], [102]
- liability of innkeeper changed by, [149].
- See Usage
- Custom, when no defense to chauffeur, [58];
- of stockholder before transfer, [82];
- of partner, [85];
- of husband, [114];
- of homesteader, [136];
- separation agreement cannot be set aside by, [144];
- of ward terminates lease, [155];
- lease made by wife terminated by husband's, [155];
- of mortgagor, [182], [183];
- of partner, [201];
- of inventor, [206];
- of a contractor, [223];
- of master of vessel, [239];
- of workman, [274]
- Damages, nominal and compensatory, [253]
- Death, of principal or agent, [15];
- Debts and Statutes of Limitation, [244];
- Deceit, [102];
- several, used in land deal, [104];
- warranty, [104];
- what warrantor agrees to do, [104], [105];
- encumbrances, [105];
- indenture, [105];
- release or quit-claim, [106];
- poll, [106];
- use of seal, [106];
- witnesses, [107];
- lease, [107];
- completed before delivery, [107];
- executor of, [107];
- when must be read, [107];
- delivery essential, [107], [108];
- should be recorded, [108], [109];
- acknowledgment, [109], [110];
- execution of, by married woman, [109], [110];
- Commissioner of, [110];
- correction of mistake, [110];
- land must be bounded, [110], [111];
- equity compels delivery of, [119];
- of warranty, form for, [282], [283];
- of indenture, form for, [284];
- of quit-claim, form for, [285], [286];
- of mortgage, form for, [287];
- of mortgage with power of sale, form for, [287];
- of mortgage on goods and chattels, form for, [289]
- Decisions, highest court, [1]
- Deed, [7], [104];
- Defenses, in actions for slander and libel, [254]
- Delay in telegraph messages, [246]
- See Bank; Check
- Dependents of workmen, and Compensation Acts, [272]
- Deposits, how made by agent, [12].
- Desertion, its effect on homestead, [136]
- Devise of lands, [265]
- Devisee, of mortgaged land, [182];
- Director, of corporation, [86]-93, [94], [96], [100]
- See Corporation
- Discomfort acts of, wrongs, [256]
- Dividends, [94]-98, [125].
- Divisional tree, law relating to, [113]
- husband's becomes wife's, [139]
- Divorce, effect of on dower right, [116];
- defined, [113];
- paramount to claims of husband's creditors, [113];
- mortgage has preference, [113];
- legal marriage necessary, [114];
- assignment of, [114];
- may be barred, [115];
- non-existence of, [115];
- in exchanged lands, [115];
- rights of partner's widow, [115];
- can be released, [116];
- effect of divorce, [116]
- Domicile, of bankrupt, [31];
- Dower, [113];
- Drunkenness, [116];
- Earnings, the basis for computation of compensation, [274]
- Federal and Compensation Acts, [271]
- Ejectment, action of, [166]
- Elevator, sale of grain in, [229]
- Employees, casual, and Compensation Acts, [270];
- Employer and employee, relations as to patents, [207], [208];
- law and, [3]
- Enrollment, of vessels, [235]
- Equitable remedies, [118]-122
- Equity, court of, [3], [16], [118]-122, [128];
- Eviction, [160], [161]
- Exchange, bill of. See Bill of Exchange, Note, Negotiable Paper
- Executor, authority to vote at corporate meetings, [84];
- Explosives, liability of keeper of, [258]
- Express company, distinction between general and local, [51], [52]
- Factor, [123];
- Farm, tenant of, [157]
- Farm lease, form for, [295]
- Federal courts, [1]
- Federal employees, and Compensation Acts, [271]
- Finder, obligation of, as to lost property, [26], [27];
- Fire insurance. See Insurance, Fire
- Fires, starters of, liability of, [258]
- Fixtures, [132];
- Agreement for sale of land, [277]
- Agreement concerning party wall, [277]
- Agreement for building, [278]
- Agreement for work and labor, [280]
- Agreement for lease, [293]
- Agreement to sell shares of stock, [302]
- Agreement for sale of physician's practice, [309]
- Agreement between merchant and traveling salesman, [311]
- Agreement for adoption of children, [312]
- Articles of co-partnership, [305], [307]
- Articles of incorporation, [318]
- Assignment of mortgage, [292]
- Assignment of lease, [298]
- Assignment of policy of insurance, [302]
- Assignment of patent right, [304]
- Bill of sale, [281]
- Bond to perform a contract, [280]
- Bond for payment of money, [305]
- Certificate of stock, [301]
- Chattel mortgage, with power of sale, [288]
- Claim of lien by workman, [279]
- Deed of indenture, [284]
- Deed of quit-claim, [285], [286]
- Deed of mortgage, [287]
- Deed of mortgage with power of sale, [287]
- Deed of mortgage on goods and chattels, [289]
- Deed of warranty, [282], [283]
- Lease, [293], [294]
- Lease, farm, [295]
- Lease of furnished rooms, [297]
- Letter of credit, [309]
- Notice of sale under mortgage, [291]
- Notice to quit, [299]
- Power of attorney, [299]
- Power of attorney, to transfer stock, [300]
- Release by ward of his guardian, [314]
- Subscription to build a church, [299]
- Transfer of shares of stock, [303]
- Will, [315], [316], [317]
- Food, warranty in sale of, [261]
- Forgery, ratification of, [9];
- Forms, legal:
- owner's liability for car when in a, [133];
- public, not a nuisance, [133];
- lien of keeper of, for storage and repairs, [134];
- care keeper of must use, [134];
- liability of keeper of for negligence, [134];
- keeper of not an insurer, [134];
- keeper of must protect from theft, [134];
- liability of keeper of for leaving car in alley, [134];
- and for using car without permission, [135];
- delivery of car by keeper of, [135];
- liability of keeper of for delay in repairing, [135];
- and for acts of servant, [135].
- See Automobile, Chauffeur, Bailment
- Frauds, Statute of. See Statute of Frauds
- Furnished rooms, form for lease of, [297]
- Garage, keeper of a bailee for hire, [133];
- Gift, cannot be recovered, [218]
- Grain, sale of, in elevator, [229]
- Guardian, who can act as, [143];
- See Automobile
- definition of, [135];
- cannot be seized by creditors, [135];
- head of family owning definition of, [135], [136];
- effect of desertion and divorce on a, [136];
- what land is included in, [136];
- steps necessary to procure a, [136], [137];
- residence required on a, [137];
- liability of owner of, for debts, [137];
- can be mortgaged, [137];
- can be sold and other land bought, [137];
- exemption from taxes, [137]
- Habeas corpus, action of, [166]
- Health of employees in relation to Compensation Acts, [268]
- marriage a contract, [137];
- essentials of marriage, [137];
- false representations, [137];
- effect of deceit in obtaining consent, [138];
- of compulsion, [138];
- of insanity, [138];
- legal age for marriage, [138];
- void marriages, [138];
- marriage license, [138];
- marriage performed outside jurisdiction, [138];
- common law marriage, [138], [139];
- husband's domicile becomes that of wife, [139];
- when wife can retain her domicile, [139];
- husband's liability for wife's crimes, [139], [140];
- wife still liable, [139];
- cannot steal from each other, [140];
- right to sue each other, [140];
- wife's liability for husband's wrongs, [140];
- alienation of affection, [140];
- wife's right to retain and manage her estate, [141];
- can appoint husband to act for her, [141];
- may act for husband, [141];
- and as executor, administrator or guardian, [141];
- wife's right to sue and be sued, [142];
- husband's liability for wife's debts, [142];
- duty of husband to provide home, [142];
- his right to defend wife, [142];
- his duty to provide home, [142];
- wife must live with husband, [142];
- duties of husband and wife toward each other, [142], [143];
- guardian of children, [143];
- husband and wife may live separately, [143];
- may divide property, [143], [144];
- when separation agreement cannot be sustained, [144];
- death and share of estate, [144];
- right of wife to use husband's credit, [144].
- See Divorce
- Highway, [112], [135], [218].
- Homestead, agent's authority to sell, affected by owner's marriage, [14];
- Huddy, quoted, [22], [23]
- Husband and wife, [137];
- Ice, liability for, on pavement, [162]
- Imprisonment, false, a wrong, [249]
- form for deed of, [284]
- Imprisoned person, and Statute of Limitation, [244]
- Incapacity of workman, partial or total, compensation for, [275]
- Incorporation, form for articles of, [318]
- Indecent language in a telegram, [247]
- Indenture, [105];
- Indorsement, see Negotiable Paper
- Infancy, period of, defined by-law, [65]
- Inheritance, adopted child, [5]
- Injunction, temporary and permanent [22];
- Innkeeper, [147];
- kinds of companies, [124], [125];
- mutual company preferred, [124];
- mutual plan protects against loss only, [125];
- stock company pays dividends, [125];
- insured must have interest in property, [125];
- who has insurable interest, [126];
- policy, as collateral security, [126];
- policy void, [126];
- policy a contract, [126];
- standard policy, [126];
- when is policy binding, [126], [127];
- premium, [127];
- policy may be assigned, [127];
- when policy can be cancelled, [127], [130];
- contract reformed, [128];
- written and printed parts of policy, [128];
- written application part of contract, [128];
- interpretation of meaning, [128];
- language of policy, [128], [129];
- clerical errors, [129];
- what policy covers, [129], [130];
- when risk begins, [129];
- misrepresentation, [129], [130];
- concealment of facts, [130];
- questions and answers a warranty, [130];
- policy void, [130];
- loss, total or partial, [130];
- damage by water, [130];
- from explosion, [131];
- from theft, [131];
- from lightning, [131];
- from negligence, [131];
- total loss, [131];
- partial loss, [132];
- open and valued policies, [132];
- see Agency
- Insane person and Statute of Limitation, [244]
- definition, [167];
- validity of the contract, [167];
- assignment of policy, [168], [172];
- authority of general agent to vary the agreement, [168];
- no contract until policy accepted by company, [169];
- state requirements, [169];
- delivery of policy, [169];
- authority of general and special agents, [170];
- payment of first premium, [170];
- void under conditions contrary to public welfare, [170];
- proceeds on which policy may be set aside, [171];
- determination of beneficiary, [171];
- date of commencement of risk, [172];
- payment of premiums, [172];
- reinsurance contracts, [173];
- cancellation or surrender, [173], [174];
- rescinding of a policy, [174];
- surrender or cancellation value, [175];
- conversion of policy, [175]
- Insanity, of principal, [13];
- Inspector, [83], [101]
- form for assignment of, [302]
- Insurance Broker, [45], [46]
- innkeeper is, [147]
- Insurance, fire, when liable for acts of agent, [6];
- Insurance, life, [167];
- requirements necessary to obtain a patent, [203];
- element of novelty, [204];
- prior publication, [204];
- usefulness, [204];
- exercise of inventive power necessary for a patent, [205];
- reduction of to practice, [206];
- employer presumed to be the real inventor, [208];
- inventor must apply for a patent, [208];
- specification of, [208];
- improvement on, [209]
- Insurance money, provision for, in lease, [159]
- see Carrier, Innkeeper
- Insurance policy, of bankrupt, [37];
- Insurer, garage keeper not an, [134];
- Interstate Commerce Commission, controls interstate telegraph business, [248]
- Invention, patentable or not, [202], [203];
- Jewelry, keeping of, by bailor, [29];
- for safety of persons and children, [259]
- Key, delivery of, constitutes delivery of goods, [242]
- Laborers, farm, and Compensation Acts, [268]
- Lake, title to land under and around, [112]
- Land, title to, bounded by navigable river, [112];
- Land, agreement to purchase, [15];
- defined, [151];
- oral or written, [151], [152], [153];
- liability of lessee, [151], [159];
- agreements in [152], [153];
- year to year tenancy, [153];
- term, defined, [153];
- for a future period, [153], [154];
- description of premises, [154];
- distinction between, and agreement, [154];
- valid, [155];
- made by married woman, [155];
- private corporation may make, [155];
- municipal corporation restricted, [155];
- corporation may take, [155];
- executor may dispose of, [155], [156];
- trustees may make, [156];
- partner cannot make, [156];
- for what can be made, [156];
- ratification, [156];
- construction of, [156];
- presumes care on part of tenant, [156], [157];
- rights of a mill tenant, [157];
- rights of a farm tenant, [157];
- assignment of, [157];
- sublease, [157];
- lessor may part with his interests in, [158];
- not a warranty of good condition, [158];
- lessor not required to make repairs, [158];
- agreement to make repairs, [158], [159];
- agreement to rebuild, [159];
- alterations by tenant, [159];
- renewal, [159];
- rent, [160];
- eviction, [160], [161];
- land rented on shares, [161];
- of parts of building separately, [161];
- liability of lessor, [161], [162];
- removals by tenant at expiration of, [162], [163];
- form for agreement for, [293];
- form for a, [293]; [294];
- form for a farm, [295];
- form for assignment of, [298];
- of furnished room, form for, [297]
- Land license, see License
- Land owner, liability of, for nuisances on his property, [257];
- Landlord, see Lease
- Larceny, [27]
- Law, common, [1], [2], [3];
- Lawsuit, mode of conducting, [164]
- and slander, [252]
- Lease, [151];
- Legal remedies, [164]-166
- Legatee, property given to, disposition of, [37];
- Lessee, see Lease
- Lessor, see Lease
- Letter of credit, form for, [309]
- Libel, is a wrong, [250], [251], [252];
- License, land, [149];
- License to operate automobile, [20]
- Lien, of agister, [30];
- Life Insurance, see Insurance, Life
- Limitation, Statutes of, [243], [244], [245]
- action of, [166]
- Livery stable, no lien on animals, [30]
- Lodging house, liability of keeper, [149]
- Lost property, [26]-28
- McClain, Justice, quoted on life insurance, [168], [174]
- see Husband and Wife
- Mail, United States common carrier for, [52];
- Malice, liability of corporation for, [99]
- Mandamus, issue of, [81];
- Manufacture, contract for, not included in Statute of Frauds, [243]
- and traveling salesman, form for agreement between, [311]
- Manufacturer, liability of, [258]
- Margin, sale of stock on, [235]
- Marriage, [13], [14], [115], [137];
- bid made by, [18];
- as bailee, [20];
- cannot become a voluntary bankrupt, [31];
- as mortgagee, [53];
- as chauffeur, [57];
- citizenship of, [62];
- ability of to sign contracts limited, [65];
- period of infancy of, fixed by law, [65];
- cannot subscribe to stock, [75];
- cannot be held for note, [91];
- cannot make legal deed, [107];
- lease made by, void, [155];
- contracts of a, [176];
- necessaries and luxuries supplied to a, [176];
- disaffirmation of contract of a, [177];
- fraudulent contract of a, [177];
- can avoid sales contracts, [228];
- and Statute of Limitations, [244];
- may be a devisee or legatee, [264];
- as employee in Compensation Acts, [268]
- Massachusetts courts, decision in respect to adopted child, [5]
- Masters, of vessels, law governing employment, [239];
- kinds of, [177];
- may cover future advances, [178];
- improvements covered, [178], [179];
- not an absolute conveyance, [179];
- not changed by contemporaneous agreement, [179];
- with power of sale, [179], [180];
- how the power must be executed, [180];
- mortgagor cannot purchase property sold, [180];
- lien of vendor for purchase money, [180];
- how subsequent purchaser is affected, [180];
- notice of vendor's lien, [181];
- mortgagor real owner, [181];
- both parties may insure premises, [181];
- rights of several mortgagees to same property, [181];
- right of deviser to money due on, [182];
- mode of foreclosure on a, [182];
- payment by joint contributors to discharge, [183];
- who can redeem a, [183];
- payment by executor, [183];
- rights of mortgage of vessel, [238];
- form for deed of, with power of sale, [287];
- form for deed of, [287];
- form for notice of sale under, [291];
- form for assignment of, [292];
- see Deed, Chattel Mortgage, Shipping
- Meetings, [83]-86
- definition of, [52], [53];
- form of, [52];
- who may make, [53];
- creditors may join in giving, [53];
- description of property, [53], [54];
- may be given for future advance of money, [54];
- to render secure from creditor [54];
- Statutes of, [55], [56];
- what is included in, [55];
- rights of mortgagee, [55], [56];
- form for, with power of sale, [288];
- form for deed of, [289];
- see Mortgage
- Merchant, duty of, towards public, [151];
- has insurable interest in goods, [126]
- Merchandise Broker, [45], [46]
- favored by law in regard to fixtures, [133]
- Messages, telegraph, should not be made public, [247];
- Minor, limited power of, [7];
- Morawetz, quoted, [88], [89], [100]
- Mortgage, creditor, can force contract to give, [120];
- see Note, Promissory
- Mortgage, Chattel, [52];
- Mortgagee, [55], [56];
- requirements for a, [183];
- unqualified promise in a, [184];
- payable on a contingency, [184];
- payable at a fixed future time, [184];
- dating of a, [184];
- seal of a, [184];
- payable on demand, [184];
- overdue, [185];
- payable to order; [185];
- payable to bearer, [185];
- ante or past-dated, [185];
- title to, acquired from date of delivery, [185];
- a wrongly dated, [186];
- authority of holder to fill blanks, [186];
- incomplete until delivery, [187];
- mode of delivery, [187];
- ambiguity of a, [187], [188];
- signature to a, [188];
- signature by agent, [188];
- a forged, [188];
- forged indorsement on a, [188];
- consideration for a, [189];
- accommodation party to a, [189];
- negotiation of a, [189];
- negotiation by delivery of a, [189];
- by indorsement and delivery, [189];
- kinds of indorsement of a, [189];
- striking out indorsement of a, [189];
- indorsing to bank or cashier, [190];
- misspelled or incorrect indorsement, [190];
- holder in due course, [190];
- bad faith in negotiating, [190], [191];
- agreement of maker, [191];
- liability of indorser, not a party to, [191];
- presentment of a, for payment, [191], [192], [193];
- exclusion of days in reckoning due date of, [193];
- payable at bank, [193]; notice of dishonor of a, [193], [194];
- notice of, to joint parties, [194];
- notice of, to address as directed, [194];
- notice of waived, [195];
- alterations in a, [195];
- memorandum on a, [195];
- similarity of indorsed, and bill of exchange, [196];
- given in payment, [212];
- and Statute of Limitations, [244]
- Mortgagor, [55], [56];
- Motorist, non-resident, [20]
- of meetings, see Corporation;
- to quit, form for, [299]
- Naturalization, [62]
- Negotiable Instruments Law, [213]
- Negotiable paper, definition, [183]-197;
- Newspapers, offers and rewards in, [70], [71]
- Note, promissory, definition, [183];
- Non-resident Alien, [63], [64]
- Notice, of sale under mortgage, form for, [291];
- what surviving may do, [85];
- may waive notice of corporate meeting, [85];
- dower rights of widow of, [115];
- cannot lease partnership land, [156];
- non-investing, not liable for debts, [198];
- a general agent, [198];
- limitations of authority of a, [199];
- silent or secret, liability of, [199], [200];
- general or special, [200];
- illegal contract made by a, [201];
- death of a, [201];
- succession to by executor, [201];
- retiring, [201];
- liquidating, authority of, [202]
- Nuisances, private, are wrongs, [255]
- liability of members, [75], [78];
- stock owned by, represented by partner, [85];
- contract to form, cannot be enforced, [120];
- member of, cannot make lease, [156];
- between tenant and landlord, [161];
- in a single transaction, [198]; Act, [198];
- liability of non-investing partners in, [198];
- can hold any kind of property, [198];
- partners in, are general agents, [198];
- limitations of authority of partners in, [199];
- reception of a new member in, [199];
- formed by definite agreement in writing, [199];
- silent or secret partners in, [199], [200];
- limited liability, [200];
- dissolution of a, [201];
- death of a partner in, [201];
- retiring partner in, [201];
- failure of, disposition of assets, [202];
- liquidating partner in, [202]
- Obligations, various, included in Statute of Limitations, [245]
- Officer, public, liability of, [52]
- compensation for carrying, [22];
- see Carrier
- Option, to purchase land, [16]
- design, [203];
- invalidation of an American by a foreign, [204];
- prior publication for a, [204];
- defeat of on ground of lack of novelty, [204];
- must be useful to get a, [204];
- exercise of inventive power necessary for a, [205];
- to whom can a be issued? [206];
- a joint, [207];
- must be issued in name of real inventors, [207];
- rights of employee with a, [207];
- may be issued to assignees, [208];
- inventor must apply for a, [208];
- specification of invention to get a, [208], [209];
- duties of inventor to get a, [209];
- duties of commissioner and examiner before granting a, [210];
- right of appeal if not granted, [210];
- infringement of, and injunction to prevent, [211];
- form for assignment of right, [304]
- Owners, in common, of vessels, [236], [237]
- Parent, natural and adopted, [5];
- legal forms of, [211], [212];
- note or check given in, [212];
- applications of general on several debts, [212];
- receipt not conclusive evidence of, [213];
- effect of a seal in a receipt for, [214];
- on receipt of documents, [235];
- partial, of purchase money completes sale, [243];
- partial, revives debt barred by Statute of Limitations, [245];
- of money, form for bond for, [305]
- Partner, a member of beneficial association not a, [39];
- Partnership, rules for termination of agency, [14];
- Party wall, form for agreement concerning, [277]
- form for agreement for sale of practise of a, [309]
- Passenger, duty of automobile owner or hirer, in carrying, [22];
- has insurable interest in goods, [126]
- Patent, [202];
- Pawn Broker, [45], [47]
- form of assignment of, [302];
- see Insurance, Fire; Insurance, Life
- Payment, when can double be required, [9], [211];
- Peck, quoted, [117]
- Pedestrian, rights of, [22]
- Physician, admission of, to beneficial associations, [41];
- Pledgee, authority of, [7];
- Pledgor, of stock, [85], [86]
- Policy, insurance, [168]-176;
- Poll deed, [106]
- Possession and control, transfer of constitutes delivery, [243]
- Postmaster, liability of, [52]
- Post office, is agency of offerer of contract, [69], [70]
- Pond, title to land under and around, [112]
- determination of reasonable, [231]
- Power of attorney given to an agent, [7];
- Precedent, nature of, [1]
- Preference, defined, [32]
- malicious, is a wrong, [249]
- Preferred stock, see Corporation
- injured person as, [164]
- Premium, see Insurance, Life; Insurance, Fire
- Prescriptive Rights, [214];
- Price, fixing of, in a sale, [230];
- Promise to pay a debt, renewal of, [244], [245]
- definition, [218];
- gift cannot be reclaimed, [218];
- recovery for incidental advantage to another, [218], [219];
- for service rendered as gratuity, [219];
- for goods accepted without intended payment, [219];
- for perished property, [220];
- premium on insurance policy, [220];
- recovery in case of indefinite promise, [220];
- contract not executed as law requires, [220], [221];
- especially Statute of Frauds, [221], [222];
- recovery for use of unpaid for land, [222];
- recovery impossible in case of no benefit, [222];
- recovery impossible by taking advantage of one's own default, [223];
- recovery for loss in course of alteration and repair, [223];
- in case of illness or death of contractor, [223];
- in wagering contract, [224];
- in contracts made on Sunday, [224];
- on partnership note given for benefit of partner, [224];
- of goods delivered by carrier to wrong person, [224];
- of payment made by mistake, [225];
- when consideration has totally failed, [225];
- voluntary payment, [225];
- recovery of check not covered by deposit, [225];
- goods sold as own which are not, [225];
- goods that are worthless, [225];
- forced benefit cannot be recovered, [226]
- Property, lost, [26], [27];
- Prosecution, liability of corporation for, [99];
- Prosecutor, State as, [164];
- Publication, prior, of an invention, [204]
- Public Officers, and Compensation Acts, [272]
- Purchasers of vessels, liability of, [238]
- Quasi Contract, [218];
- deeds, [101]-112;
- monuments, [111];
- boundaries of, in cities, [111];
- non-navigable stream, [111];
- tidal navigable stream, [112];
- natural or artificial pond as boundary, [111], [112];
- title to land in public highway, [112];
- liability of examiner of title, [112], [113];
- equity awards money for failure of contract, [120];
- equity will enforce covenants, [122];
- seller favored by law in regard to fixtures, [132], [133];
- conveyance of, in Statute of Frauds, [242].
- See Lease
- Quit, form for notice to, [299]
- Quit-claim, [106];
- has insurable interest in goods, [126].
- See Corporation
- Quo warranto, action of, [166]
- Race track news by telegraph, [217]
- by ward of his guardian, form for, [314]
- Railroad receivers, [8]
- Ratification, defective notice of meeting may be cured by, [83]
- Real Estate, broker, [45], [46];
- Receipt not conclusive evidence of payment, [213]
- Receiver, duties of, [79];
- Registration of vessels, [235]
- Release, [106];
- Rent, [160]
- Replevin, action of, [165]
- Representation, as distinguished from warranty, [260]
- future contract to sell and present sale, [227];
- based on mutual assent, [227];
- executory, [227];
- executed, [227];
- based on mutual assent, [227];
- may be conditional, [227];
- regulation of capacity to buy and sell, [228];
- contracts of a minor, [228];
- Sales Act and Statute of Frauds, [229];
- limit of enforcement of sale, [229];
- an undivided share, [229];
- specific goods, [230];
- fixing of price in a, [230];
- determination of reasonable price, [231];
- and warranties, [231];
- satisfaction of buyer necessary, [231];
- implied warranty in a, [232], [233];
- transfer of ownership in a, [233];
- delivery and acceptance in a, [234];
- delivery of goods or documents on payment, [234];
- speculative stock, [235];
- of goods, wares, and merchandise in Statute of Frauds, [242];
- various modes of completing, [243];
- of land, form for agreement for, [297];
- Bill of, form for, [281];
- form for notice of, under mortgage, [291]
- Retraction, of slander and libel, [255]
- and undivided share of goods, [229];
- and Statute of Frauds, [229];
- and specific goods, [230];
- fixing of price in, [230];
- determination of reasonable price, [231];
- satisfaction of buyer necessary, [231];
- warranty and implied warranty, [232], [233];
- delivery and acceptance, [234];
- delivery of goods or documents on payment, [234]
- Revocation of wills, [266]
- effect of, in a receipt for payment, [214]
- Right of way, [214];
- Riparian owner, rights of, [112]
- Roads, public, [19]
- Safe Deposit Company, as bailee, [29]
- Sale, [227];
- See Corporation
- Sales Act, [17], [228];
- of stock, form for agreement to sell, [302]
- Seal, use of, [106];
- Seamen, of vessels, laws pertaining to, [241]
- Separation, between husband and wife, [143], [144]
- Servants, domestic and Compensation Acts, [269]
- Service, contract of, [267]
- Shareholder, rights of, [101].
- Shares, land rented on, [161];
- Shipping, [235]. See Vessels
- pertaining to lost property, [26], [27];
- to beneficial associations, [39];
- to pawn-brokers, [47];
- limiting amount carrier must pay for lost life, [50];
- regarding mail carrying by private express, [52];
- pertaining to chattel mortgages, [55], [56];
- imposing higher inheritance tax for non-resident aliens, [63];
- allowing individual to form corporations with legislative aid, [73];
- pertaining to married women's subscriptions to stock, [75];
- provisions for corporations, [80], [81], [83], [99];
- controlling bank directors, [92];
- fixing liability of parties, [105];
- requiring two witnesses to deed, [107];
- modifying dower rights, [116];
- giving insurer right to cancel fire insurance policy, [127];
- providing for total loss, [131];
- exempting innkeepers from loss by fire, [148];
- changing responsibility of innkeeper, [149];
- in New York relative to termination of leases, [154]
- Shipping Broker, [45]
- Slander, liability of corporation, [11], [12], [99];
- who can subscribe to, [75];
- fictitious subscriptions, [75];
- certificates, [76], [86];
- capital increased, [76];
- preferred, [76];
- subscription to, a contract, [77];
- corporation cannot purchase own, [78];
- corporation has no lien on its, [78];
- national banking law, [78];
- assessments on, [79];
- majority shall rule may be modified, [80];
- purchaser of, should give notice to company, [82];
- sale of, [83];
- trustee legal owner, [84];
- executor can vote, of testator, [84], [85];
- administer can vote, [85];
- owned by partnership represented by partner, [85];
- seller and purchaser, [85];
- pledgor and pledgee, [85], [86];
- transferee, [85];
- dividends, [94];
- owners of, can examine books, [101];
- equity compels delivery of stock, [119], [120];
- owner of, in corporation has insurable interest in goods, [126];
- speculative sales of, [235];
- form for power of attorney to transfer, [300];
- certificate, form for, [301];
- form for agreement to sell, [302];
- form for transfer of, [303].
- See Corporation
- Sleeping car, [51]
- Snow, liability for, on pavement, [162]
- Spring of water, restrictions of owner, [217]
- Statute of Frauds, and auctioneer, [17];
- Statutes, [1], [2];
- Statutes of Limitation, claim barred by, and bankruptcy, [35];
- Stock, [75];
- on homestead, [137]
- Stolen property, resale of, [261]
- not a common carrier, [246];
- must serve all who apply and offer to pay, [246];
- cannot discriminate against another telegraph company, [246];
- strike sufficient excuse for delay, [246];
- can be penalized for delay in interstate business, [246];
- prohibited by statute from limiting their own liability, [246];
- may be prohibited from transmitting racetrack news, [247];
- must transmit all messages except those containing indecent language, [247];
- may close at reasonable hours, [247];
- may require sender to designate route of message, [247];
- messages should not be made public, [247];
- rules for within the state business differ from the rules for interstate business, [247];
- repeated and unrepeated messages, [248]
- Strike, excuses telegraph company for delay, [246]
- Sub-agent, [10], [15]
- See Lease
- Sublease, [157]
- Subscription to build a church, form for, [299]
- Subtenant, [157]
- requirements of, [264]
- Taxes, of beneficial associations, [41];
- Telegraph, [246], [248];
- Telephone, [246]-248;
- definition, and examples, [248];
- false imprisonment, [249];
- malicious prosecution, [249];
- assault and battery, [250];
- defamation of reputation and character, slander, [250], [251];
- must be brought to the knowledge of a third person, [251];
- libel, vituperation, and abuse, [251];
- distinctions between libel and slander, [252];
- a corporation may be slandered, [253];
- defenses in actions for slander or libel, [253];
- apologies or retractions, [255];
- private nuisances, [255];
- motives not material, [255];
- acts of discomfort amounting to nuisances, [256];
- temporary annoyances, [256];
- distinction between acts that annoy, and acts that injure, [257];
- liability of land owner, [257];
- trespassing cattle, [257];
- vicious animals, [258];
- starter of a fire, [258];
- keeper of explosives, [258];
- liability of a manufacturer, [258];
- users of other persons' property, [259];
- liability for acts of children, [260]
- Tenant, favored by law in regard to fixtures, [132].
- Term of lease, defined, [153]
- Terms, explanation of, [1]
- Testator, must possess sound mind, [262], [263], [264];
- Title to bed of lakes, [112];
- Tort, action in, [166]
- Torts (or wrongs), [248]-260;
- Trades-unions, [38]
- Transfer of shares of stock, form for, [303]
- Tree, divisional, law relating to, [113]
- Trenchard, Justice, quoted, [112], [113]
- Trespass, action of, [165]
- can be registered only by citizens of United States, [235];
- sale to a foreigner, [236];
- enrollment of, [236];
- license of, [236];
- title to, how acquired, [236];
- when owned by corporations, [236];
- owners or tenants in common of, [236]:
- limitations of authority of owners in common of, [236];
- majority and minority of owners in common of, [237];
- liability of purchaser of, [238];
- mortgaging of, [238];
- rights of mortgagor of, [238];
- borrowing money on, [239];
- appointment of masters of, [239];
- duties, and successors of, [240];
- authority of, [240];
- seamen, laws pertaining to, [241], [242]
- Trespasser, [152]
- Trustee, appointment of, in bankruptcy, [36];
- Undivided share of goods, and Sales Act, [229]
- form for release from guardian, [314]
- United States, common carrier for mails, [52];
- and Sales Act, [231], [232], [233], [260];
- distinction between and representation, [260];
- statement made simply to awaken a buyer's interest not a, [260];
- implied in all cases where vendor is an expert, [261];
- in sale of food, [261];
- of the seller's title, when in possession of the goods, [261];
- when goods are sold by sample, [261];
- form for deed of, [282], [283].
- See Deceit, Sale
- Usage, affects agent's power, [8];
- See Prescriptive Rights
- Vendor, when can sell goods, [7];
- rights in marriage.
- See Husband and Wife
- Vessels, must be registered, [235];
- definition, [262];
- requirements for testator, [262];
- witnesses of, [262];
- real and personal property in, definitions of, [263];
- should be in writing, [263];
- devisee and legatee in, [263];
- must be in accordance with laws of states, [263];
- grounds on which are attacked, [263];
- made by the insane, [264];
- requirements of, [264];
- when several are made, [264];
- authority of trustee of, [265];
- devise of lands in, [265];
- date on which take effect, [265];
- rights of wife in, [266];
- revocation of, [266];
- forms for, [315], [316], [317]
- Vituperation and abuse, a wrong, [251]
- Voluntary service, recovery for, [219]
- Voting, cumulating, described, [87], [88]
- Ward, death of, terminates lease, [155];
- Warranty, deed of, [104], [105];
- who is compensated under, [267];
- who is not, [267];
- contract of service necessary, [267];
- condition of health of no consequence, [268];
- minors, apprentices, and farm laborers, [268];
- domestic servants, [269];
- casual employees, [270];
- independent contractors, [271];
- Federal employees, [271];
- public officers, [272];
- dependents of workers, [272];
- children of workmen, [273];
- earnings the basis for computation of compensation, [274];
- death of workman, [274];
- total and partial incapacity, [275];
- form for claim of lien by, [279]
- Water, use of stream of, [216].
- Widow, rights of, [136]. See Dower
- Wife, rights of in will, [266];
- Will, mortgagor dies without leaving, [182];
- Williston, quoted, on stock sales, [235]
- Witnesses of wills, number required, [262]
- Woman married, limited power of, [7];
- Work and labor, form for agreement for, [280]
- Workmen's Compensation Acts, injury to chauffeurs, [57], [266];
- Wrongs. See Torts, [248]-260
Typographical errors corrected in text: