INDEX
A
Abandonment, remedies of landlord for, [279]
Abatement, definition of, [295]
Acceptance
definition of, [15]
of draft, [133]
Acceptor
of negotiable instruments, [122]
rights and liabilities of, [123]
Acquisition of personal property, [179]
Act of bankruptcy, [35]
Act of God as affecting carriers, [225]
Ademption, definition of, [295]
Administrative law, definition of, [13]
Advancement, definition of, [295]
Adverse interest, [40]
Agencies, irrevocable, [72]
Agency
contracts within Statute of Frauds, [41]
contracts which must be in writing, [41]
definition of, [39]
general, [43]
purposes for which created, [42]
ratification of, [42]
special, [43]
universal, [43]
Agents
apparent authority of, [50]
how appointed, [41]
authority of, [43]
to collect, [52]
to warrant, [53]
of corporations, [107]
definition of, [39]
delegation of authority by, [51]
distinguished from master and servant, [39]
duties of, to principal, [46]
general, [43]
principal to pay, [44]
risks assumed by, [44]
secret instructions of, [50]
universal, [43]
value of services, [44]
who may be, [40]
Anomalous indorser, [130]
Appeal from one court to another, [298]
Assessments
of corporations, [104]
not included in taxes, [271]
Assignment
of contract, [31]
of insurance, [167]
of lease, [269]
notice of, [274]
oral, [274]
Assignability distinguished from negotiability, [113]
Attestation
of deeds, [245]
of will, [291]
Attornment, definition of, [274]
Auctioneer, [55]
B
Baggage
what constitutes, [234]
duty of innkeeper to receive, [236]
sample cases, [234]
Bailee
definition of, [205]
liability of, [212]
lien of, [212]
right of possession of, [212]
right of, against third persons, [212]
right of, to use property, [212]
right of, against bailor, [212]
Bailment
classification of, [206]
definition of, [205]
distinguished from sale, [182]
parties to, [205]
for sole benefit of bailee, [208]
for sole benefit of bailor, [207]
what constitutes a, [206]
Bailor
bailments for sole benefit of, [207]
definition of, [205]
Banks
checks on, [153]
of circulation, [151]
classified, [151]
clearing houses, [157]
definition of, [151]
of deposit, [151]
deposits in, [152]
discount, [158]
of discount, [151]
exchange, [158]
functions of, [152]
interest, [158]
loans of, [154]
money, [157]
pass books of, [153]
powers of, [152]
private, [151]
rights of, in case of forged, altered, lost, or stolen checks, [154]
savings, [156]
state, [151]
trust companies, [156]
usury, [160]
Bankruptcy
acts of, [35]
definition of, [35]
involuntary, [35]
revokes agency, [59]
voluntary, [35]
Barter, distinguished from sale, [181]
Bearer, negotiable instrument payable to, [112]
Beneficiary of trust, [266], [269]
Bequeath, definition of, [287]
Bilateral contract, definition of, [19]
Bill of exchange, definition of, [116]
Bill of lading
definition of, [227]
negotiability of, [227]
valuation, [226]
Blank indorsement, [124]
Boarding housekeeper not an innkeeper, [235]
Bona fide holder of negotiable instrument, [135]
Bonds
coupon, [118]
definition of, [118]
form of, [118]
registered, [118]
Breach of contract, [280]
Brokers
definition of, [55]
insurance, [55]
stock, [55]
real estate, [57]
By-laws of corporations, [103]
C
Capital of national banks, [293]
Capital stock
of corporations, [103]
decreasing, [105]
increasing, [105]
Capitalization of corporations, [103]
Carrier
Act of God, [225]
charges of, [230]
common, [223]
defined, [223]
delivery of goods by, [229]
delivery of goods to, [193]
discrimination by, [230]
of goods, [223]
implied liability of, [224]
interstate commerce act, [231]
liability as insurer, [223]
lien of, [230]
limiting liability, [225]
of mail, [230]
negligence of shipper, [225]
private, [223]
public enemy, [225]
stoppage in transitu, [229]
title to goods in possession of, [227]
Carrier of passengers
baggage, [233]
definition of, [232]
degree of care required of, [233]
right to eject passengers, [233]
rights and liabilities of, [233]
Casualty insurance, definition of, [166]
Caveat Emptor, rule of, in sales, [188]
Certificate of protest, [136]
Certificates of deposit, [121]
Certificates of stock, [101]
Certification of checks, [118]
Cestui que trust
definition of, [265]
rights and liabilities of, [269]
Charter of corporations, [92]
Chattel mortgage, [1]
definition of, [247]
distinguished from pledge, [218]
distinguished from sale, [218]
filing and recording, [220]
form of, [250]
mortgagee, [218]
mortgagor, [218]
parties to, defined, [218]
possession of property, [218]
redemption, [221]
rights of mortgagee, [221]
rights of mortgagor, [220]
as security for a debt, [219]
title in mortgagee, [218]
Chattel real, definition of, [274]
Chattels
definition of, [128]
personal, [128]
real, [128]
Checks
on banks, [153]
certification of, [118]
definition of, [117]
when returned, [153]
Child may be agent, [40]
Choses
in action, [178], [182], [219]
in possession, [178], [182], [219]
Circulation, banks of, [151]
Clearing houses, [157]
Codicil, definition of, [294]
Cognovit promissory notes, [120]
Collateral promissory note, [120]
Collateral securities, definition of, [283]
Combination of capital distinguished from trusts, [265]
Commercial law, definition of, [13]
Compensation of agent, [44]
Conditional sale, definition of, [181]
Conflict of laws in contracts, [30]
Consideration
adequate, [17]
in contracts of suretyship, [173]
definition of, [17]
good, [17]
illegal, [17]
in negotiable instruments, [132]
past, [17]
to trust agreement, [321]
valuable, [17]
Consolidation of corporations, [98]
Constitution
definition of, [12]
English, [12]
limitation of, [95]
Constructive trusts, definition of, [268]
Continuing guaranty, definition of, [175]
Contract
acceptance to, [15]
as affected by duress, [28]
as affected by frauds, [28]
as affected by mistake, [29]
agreement in, [15]
assignment of, [31]
bilateral, [19]
breach of, [34]
competent parties, [16]
consideration to, [17]
definition of, [14]
dependent covenants in, [34]
discharge of, [33]
of drunkards, [22]
elements of, [15]
executed, [19]
executory, [19]
express, definition of, [18]
forms of, [38]
of idiots, [22]
illegal, [27]
implied, [18]
independent covenants in, [34]
of infants, [20]
of insane persons, [22]
of married women, [22]
mutuality in, [19]
offer to, [15]
parties to, [16]
of partnership, [77]
remedies for breach of, [36]
rescission of, [34]
signing of, by corporation, [108]
specific performance of, [37]
statu quo in, [34]
Sunday, [27]
trust created by, [266]
under seal, [27]
unilateral, [19]
voidable, [20]
warranty in, [34]
will not a contract, [288]
Corporation
act through agents, [39]
by-laws of, [103]
calls and assessments of, [104]
capitalization of, [103]
certificates of stock of, [101]
common stock of, [105]
consolidation of, [98]
creation of, [92]
de facto, [96]
definition of, [90]
directors of, [102]
dissolution of, [111]
distinguished from partnership, [90]
dividends of, [106]
estoppel of, [95]
foreign, [110]
franchise of, [90]
kinds of, [94]
meetings and elections of, [99]
names of, [93]
nature of, [90]
object of, [90]
officers and agents of, [107]
organization of, [92]
powers of, [91]
preferred stock of, [105]
promoters of, [96]
regulation of, [103]
reorganization of, [197]
resolution of, [103]
revocation of franchise of, [91]
stockholders of, [100]
ultra vires acts of, [109]
voting at meetings of, [99]
watered stock, [105]
Counterclaim good against assignee, [274]
Coupon bonds, [118]
Courts
appeal from one court to another, [298]
classification of, [296]
definition of, [296]
reports, [12]
Covenants
in deeds, [245]
dependent, [34]
express, [273]
implied, [273]
independent, [34]
of leases, [273]
Creditor to suretyship contract, [169]
Credits, definition of, [154]
Crime, agency to commit, [42]
Crimes of corporations, [185]
Criminal, [13]
Cumulative voting at corporate meetings, [99]
Custom as part of contract, [22]
D
Damages, definition of, [13]
Death
of partner, [87]
revokes agency, [59]
Debts
of another, [169]
secured by chattel mortgage, [219]
secured by mortgage, [257]
transfer of, [261]
Deeds
acknowledgment of, [246]
conclusion of, [245]
covenants in, [245]
definition of, [243]
description of property in, [244]
formal parts of, [243]
habendum clause, [245]
indentures, [243]
as mortgages, [256]
premises of, [244]
quit claim, [246]
redendum clause, [245]
signature of, [245]
trust created by, [266]
warranties in, [245]
witnesses to, [245]
De facto corporation, [96]
Defenses, [132]
Del credere agency, [56]
Delivery
in escrow, [258]
of mortgages, [258]
of personal property sold, [184]
Deposit
indorsement for, [129]
banks of, [151]
Devise, definition of, [287]
Devisor, definition of, [287]
Discharge of contract
by bankruptcy, [35]
by breach, [34]
by performance, [33]
by subsequent agreement, [34]
by tender, [33]
Discount, definition of, [158]
Dishonor, notice of, in negotiable instruments, [36]
Dissolution of partnership, [87]
Distress, definition of, [273]
Distribution of assets of partnership, [88]
Dividends of corporations, [106]
Divisions of law, [12]
Domestic exchange, [158]
Dower estates
definition of, [31]
cannot be taken away by will, [288]
Draft
definition of, [116]
presentment and acceptance of, [133]
Drawee of negotiable instrument, [122]
Drunkard
contracts of, [22]
cannot enter into partnership, [78]
Duration of estates, [239]
Duress
as affecting wills, [289]
as defense to payment of negotiable instrument, [131]
as defense to suretyship contract, [176]
definition of, [28]
Duties
of agent to principal, [46]
of partners to each other, [84]
of partners to third persons, [85]
of principal to agent, [44]
E
Election of corporations, [99]
Elements of a contract, [15]
Emblements, definition of, [236]
Enemy, public, as affecting carrier, [225]
Equity
definition of, [37]
of redemption in chattel mortgages, [221]
of redemption in real estate, [263]
Estate, trust, [265]
Estates in land, [239]
Estoppel,
of corporation from denying existence, [95]
partnerships by, [77]
Exchange
barter, [181]
definition of, [158]
of goods not a sale, [181]
Executed contract, definition of, [19]
Execution
of contracts of corporations, [108]
definition of, [300]
of leases, [273]
of negotiable instruments, [108]
Executory contract, definition of, [19]
Exempt property, [206]
Express contract, definition of, [18]
Express trusts, definition of, [266]
F
F. O. B., definition of, [227]
Factors, definition of, [54]
Federal court, [297]
Fee simple estates, definition of, [239]
Females, legal age of, [16]
Fictitious name of partnership, [79]
Fidelity insurance, definition of, [169]
Foreclosure of chattel mortgages, [222]
Foreclosure of mortgages, [264]
Foreign corporation, [110]
Foreign exchange, [158]
Forfeiture of leases, [279]
Forgery
of negotiable instruments, [130]
ratification of, [42]
Forms
of bond, [119]
of certificates of deposit, [121]
of certificates of protest, [136]
of certificates of stock, [101]
of cognovit note, [120]
of collateral note, [120]
of contract, [38]
of judgment note, [120]
of partnership agreement, [89]
of will, [296]
Franchise of corporation, [90]
Fraud
defense, of in suretyship, [176]
definition of, [28]
effect of, upon lease, [277]
effect of, on sale, [188]
renders contract voidable, [28]
Freehold estates, definition of, [239]
G
Gambling contracts void, [28]
Gift of personal property, [179]
Government warehouses, [209]
Grace, days of, [134]
Guarantor
contract of, [171]
notices to, [175]
Guaranty
continuing, [175]
general, [175]
letter of, [175]
limited, [175]
special, [175]
Guests, duty of innkeeper to receive, [235]
H
Habendum clause in deed, [245]
Hereditaments, [236]
Highways, how established, [238]
Holder in due course of negotiable instrument, [135]
Holographic wills, [293]
Homestead estates, [241]
Hotelkeeper (see Innkeeper), [235]
I
Idiot
contracts of, [22]
cannot enter into partnership, [78]
cannot be a principal, [40]
relation to contract, [16]
Illegal acts cannot be ratified, [42]
Illegal agencies void, [42]
Illegal consideration, [17]
Illegal contracts, [27]
Implied contract, definition of, [18]
Implied contract of bailment, [206]
Implied trusts, definition of, [267]
Implied warranty, definition of, [189]
Indemnity in suretyship, [178]
Indorser
anomalous, [130]
blank, [124]
for collection, [129]
contract of, in suretyship, [172]
for deposit, [129]
in full, [126]
irregular, [172]
liability of, [130]
without recourse, [128]
Infant
may be agent, [40]
contracts of, [20]
definition of, [40]
may be partner, [78]
cannot be principal, [40]
may be trustee, [265]
Infringement of trade mark, [283]
Innkeeper
definition of, [235]
duties and liabilities of, [235]
lien of, [236]
Innocent purchaser for value without notice, [135]
Insane person may be agent, [40]
Insane person to contract, [16]
Insane person cannot be partner, [78]
Insolvency of purchaser, [193]
Insurable interest, definition of, [162]
Insurance
assignment of, [167]
broker, [55]
contract, [160]
definition of, [160]
fidelity and casualty, [166]
kinds of, [162]
life policies, [165]
marine policies, [165]
open policy, [168]
representations in contracts of, [164]
standard policies, [166]
suicide clauses in policy of, [166]
term policies, [165]
tontine policies, [165]
underwriter's, [161]
valued policy, [168]
warranties in contracts of, [173]
who must pay on leased premises, [271]
Interstate commerce act, [231]
Involuntary bankruptcy, [35]
Irrevocable agencies, [59]
J
Joint liability of parties, [32]
Judgment
definition of, [300]
promissory note, [120]
Justice of peace court, definition of, [299]
L
Landlord and tenant
attornment, [274]
definition of, [269]
implied warranty, [270]
lease, [269]
notice, [279]
rent, [272]
taxes, repairs, and insurance, [271]
Law
administrative, [13]
commercial, [13]
constitutional, [12]
criminal, [13]
definition of, [11]
division of, [12]
private, [13]
public, [13]
sources of, [12]
statute, [12]
unwritten, [12]
written, [12]
Law merchant, [113]
Leases
acknowledgment of, [273]
assignment of, [269]
covenants of, [273]
definition of, [269]
forfeiture of, [279]
form of, [273]
recording, [273]
signing, [273]
termination of, [279]
transfer of, [274]
witnessing, [273]
Legatee, definition of, [287]
Lessee, definition of, [269]
Lessor, definition of, [269]
Liabilities
of agent and principal, [46]
of agent to third person, [47]
of partners to each other, [84]
of principal to agent, [44]
of undisclosed principal, [48]
Lien
of bailee, [212]
of carrier, [230]
at common law, [212]
how enforced, [212]
of innkeeper, [236]
seller's, [193]
Life estates, [240]
Life policies of insurance, [165]
Limited partnership, [89]
Loans, definition of, [154]
Lost wills, how proven, [294]
M
Magistrate, court of, definition of, [299]
Males, legal age of, [16]
Marine insurance, definition of, [165]
Married women, contracts of, [22]
Membership, changes of, in partnership, [86]
Mercantile agencies, definition of, [154]
Minds, meeting of, [15]
Mistake of fact, [29]
Mistake of law, [29]
Money, definition of, [157]
Mortgagee, definition of, [218], [256]
Mortgages
debt secured by, [257]
deeds as, [256]
definition of, 255
delivery of, [258]
elements of, [258]
equity of redemption, [263]
foreclosure of, [264]
parties to, [256]
of personal property, [218]
recording, [260]
satisfaction of, [262]
transfer of, [261]
Mortgagor
definition of, [256]
rights of, [220]
Mutuality in contracts, [19]
N
National banks
capital of, [155]
how created, [155]
U. S. corporation, [92]
Necessaries, definition of, [20]
Negligence
gross, [210]
liability of agent for, [46]
ordinary, [210]
of shipper, [225]
slight, [210]
Negotiable instruments
bona fide holder of, [135]
definition of, [112]
forgery of, [130]
origin of, [112]
parties to, [122]
presentment and acceptance, [133]
presentment for payment of, [135]
promissory notes, [114]
purpose of, [112]
requisites of, [122]
signing, by corporations, [108]
Negotiability
of bill of lading, [227]
definition of, [112]
distinguished from assignability, [113]
Note
cognovit, [120]
collateral, [120]
definition of, [114]
judgment, [120]
Nuncupative wills, [293]
O
Open insurance, [168]
Oral assignment of leases, [274]
Oral contract, [41]
Organization of corporation, [92]
Ostensible partner, definition of, [79]
P
Partners
agreement of, [81]
definition of, [77]
distribution of assets of, [88]
duties of, to each other, [84]
kinds of, [79]
powers of, [82]
property of, [82]
survivorship of, [87]
withdrawal of, [86]
Partnership, [77-90]
Pass book of banks, [153]
Pawnbrokers, [55]
Payee of negotiable instrument, [122]
Partial assignments, [274]
Perpetual succession of corporation, [91]
Perpetuities, rule against, [239]
Personal property
definition of, [178]
mortgages of, [218]
possession of, [179]
sale of, [179]
title to, [179]
transfer of, [179]
Pledgee, definition of, [214]
Pledges, definition of, [213]
Pledgor, definition of, [214]
Preferred stock, [105]
Principal, definition of, [39]
Q
Quit claim deed, definition of, [246]
Quorum at corporate meetings, [99]
R
Real property, definition of, [236]
Redemption
equity of, in real estate mortgage, [263]
mortgagor's right of, in chattel mortgage, [221]
of pledged property, [217]
Redendum clause in deed, [245]
Registration of corporation, [103]
Registration of trade marks, [286]
Reinsurance, definition of, [167]
Remainder, estates in, [212]
Rent
action by landlord to recover, [281]
definition of, [272]
when payable, [272]
Reorganization of corporation, [97]
Rescission
of contract, definition of, [34]
of sale by reason of fraud, [188]
Revocation of agency, [58]
Revocation of offer, [25]
Revocation of wills, [294]
Rights, definition of, [11]
S
Sale
caveat emptor, [188]
definition of, [179]
distinguished from bailment, [182]
implied warranty, [190]
of pledged property, [214]
of trade mark, [283]
Savings banks
definition of, [156]
deposits in, [152]
pass books of, [153]
Seal
contract under, [27]
definition of, [27]
private, [27]
use of, by corporation, [108]
Signature
of agent to written instruments, [53]
to deeds, [245]
to a will, [291]
Silent partner, definition of, [79]
Spoliated wills, how proven, [294]
Statu quo, definition of, [35]
Statute of Frauds
as affecting contracts, [23]
agency contracts within, [41]
as applied to leases, [273]
contracts of suretyship within, [174]
partnership contracts within, [78]
in sales, [183]
Statutes, definition of, [12]
Stock
common, [105]
increasing and decreasing, [105]
preferred, [105]
watered, [105]
Stockholders of a corporation, [102]
Stoppage in transitu, [193], [229]
Storage companies, [209]
Subagents, [51]
Subletting, [272]
Subrogation in suretyship, [177]
Sufferance
estates at, [242]
leases at, [277]
Sunday contracts illegal, [27]
Surety contract of, [170]
Surety companies, [177]
Suretyship, [169-178]
Survivorship in partnership, [87]
T
Taxes, [271]
Tearing wills, [294]
Telegraph, contracts by, [25]
Tenancies
at sufferance, [277]
from year to year, [278]
for years, [275]
at will, [277]
Tenant, definition of, [269]
Tender, definition of, [33]
Tenements, definition of, [236]
Testament, definition of, [287]
Testator, definition of, [287]
Third persons
contracts for benefit of, [21]
property held for benefits of, [265]
Title to negotiable instruments, [215]
Title to
personal property, [179]
pledged property, [215]
real property, [243]
trust property, [266]
Tontine policies of insurance, [165]
Trade marks, [282]
Trade name, [284]
Transitu, stoppage in, [193], [229]
Treaties, definition of, [12]
Trust companies, definition of, [156]
Trustees, [265]
Trusts, [265]
beneficiary of, [266]
classified, [265]
consideration to, [267]
how created, [266]
U
Ultra vires acts of corporation, [109]
Underwriter, definition of, [161]
Undisclosed principal, [48]
Unfair trade, [285]
Unilateral contract, definition of, [19]
Universal agents, [43]
Unwritten law, [12]
Usury, [160]
V
Valued insurance, [168]
Verdict, definition of, [300]
Voluntary bankruptcy, [36]
Voting by proxy, [99]
W
Wagering contracts void, [28]
Warehousemen, [209]
Warranties
in deeds, [245]
in insurance contract, [164]
Warranty
in contracts, [34]
deeds, [244]
express, [189]
implied, [190]
Watered stock of corporations, [105]
Wife, dower of, [288]
Will
ademption, [295]
codicil, [294]
creation of trusts by, [266]
definition of, [287]
duress, [290]
estates at, [242]
form of, [296]
holographic, [293]
leases at, [277]
nature of, [288]
nuncupative, [293]
publication of, [292]
revocation of, [294]
signature to, [291]
statutes regulating making of, [288]
who may make, [289]
witnessing, [291]
Witnesses
to deeds, [245]
to a will, [291]
Written law, [12]
TRANSCRIBER'S NOTES
—Obvious print and punctuation errors were corrected.
—The transcriber of this project created the book cover image using the title page of the original book. The image is placed in the public domain.