Part 24

_Gentlemen._--We will be responsible to you for goods sold to C.D., of ________, to an amount not exceeding ________ dollars (or, for cash advanced to C.D., of ________ not exceeding ________ dollars), (or, for credit secured by you to C.D., of ________, in the purchase of (describe the kind of goods), not exceeding the sum of ________ dollars) at any time before ________, 19__, unless this letter is revoked prior to said date; and providing you send notice to us by mail within ten days of the granting of such credit or making such payment, and also in case said C.D. should default in making payment of any part of any debt created by reason of this agreement when such payment shall become regularly due, then notice of such default shall be sent by mail to us within five days of such default.

Dated, ________ 19__. (Signature)

41

Agreement for Sale of Physician's Practice

Agreement made this ____ day of ________, 19__, between ________, hereinafter called the vendor, and ________, hereinafter called the purchaser.

1. Whereas the said vendor has for many years past exercised his profession of physician and surgeon at ________, in the county of ________, and is now desirous of retiring from his practice at ________ aforesaid, and the said purchaser is desirous of establishing himself as a physician and surgeon at said ________, now therefore, the said vendor agrees to sell to the said purchaser, who agrees to purchase, the said practice and the good will and benefits thereof from the ____ day of ________ next, together with all the fixtures, furniture, medical books, surgical and other instruments and apparatus, and all the drugs, medicines, bottles, and other things now used therein, for the sum of ________ dollars; in confirmation of which purchase the purchaser, upon the execution of these presents, has paid the sum of ________ dollars by way of deposit and in part of the purchase money.

2. The said vendor further agrees that, on the payment of the residue of the said purchase money as hereinafter mentioned, he will fully and absolutely deliver over and assign to the said purchaser, his executors, administrators, or assigns, the said practice or business, and the good will thereof, for his and their own absolute use and benefit; and likewise the full and uninterrupted possession of the office in which the said practice is now carried on by him, together with the fixtures, furniture, books, instruments, apparatus, and things now used in and relating to the said practice.

3. The said vendor will introduce and recommend the said purchaser to his patients, friends, and others, as his successor; and will use his best endeavors to promote and increase the prosperity of the said practice or business.

4. The said vendor will not reside or practise either as physician or surgeon, or act directly or indirectly as partner or assistant to or with any other physician or surgeon practising ________ either at ________ aforesaid, or elsewhere, within ________ miles thereof.

5. The said purchaser, in consideration of the agreements on the part of the vendor hereinbefore contained, hereby further agrees to pay him, his executors, or administrators, ________ dollars, by installments as follows: one-half part thereof on the ____ day of ________ next, upon receiving the full and peaceable possession of the said practice, office, good will, fixtures, furniture, books, and things hereinbefore mentioned, and the remaining half part thereon on the ____ day of ________ next.

In witness, etc.

42

Agreement Between Merchant and Traveling Salesman

Agreement made this ________ of ________, between ________ of ________, and ________ of ________, merchants and co-partners, doing business under the firm name and style of ________ & Co., of the one part, and ________ of ________, traveling salesman of the other part.

1. The said salesman shall enter into the service of said firm as a traveler for them in their business of ________ merchants, for the period of ________ years from the ____ day of ________ 19__, subject to the general control of said firm.

2. The said salesman shall devote the whole of his time, attention, and energies to the performance of his duties as such salesman, and shall not, either directly or indirectly, alone or in partnership, be connected with or concerned in any other business or pursuit during the said term of ________ years.

3. The said salesman shall, subject to the control of the said firm, keep proper books of account, and make due and correct entries of the price of all goods sold, and of all transactions and dealings of and in relation to the said business, and shall serve the said firm diligently and according to his best abilities in all respects.

4. The fixed salary of the said salesman shall be the sum of ________ dollars per week for the first year, payable by the said firm weekly from the commencement of the said service, on the ____ day of ________, and ________ dollars per week for the third year, payable weekly in like manner, from the commencement of such respective years.

5. The reasonable traveling expenses and hotel bills of the said salesman, incurred in connection with the business of said firm, shall be paid by the said firm, and the said firm shall from week to week pay to the said salesman the said traveling expenses and hotel bills in addition to the said fixed salary.

In witness, etc.

________ ________

43

Agreement for the Adoption of Children

This indenture made the ____ day of ________, 19__, between ________ of ________, party of the first part, and ________, of ________, and ________ his wife, parties of the second part.

Whereas the said party of the first part has two daughters, ________ and ________, now aged ________ and ________ years, respectively; and whereas the said parties of the second part are willing to adopt the said children subject to the conditions hereinafter contained, and on the part of the party of the first part to be observed: Now this indenture witnesseth that the said parties covenant and agree as follows, that is to say:

1. The said parties of the second part shall adopt the said children, and shall, until the said children shall respectively attain the age of twenty-one years, or marry under that age, maintain, board, lodge, clothe, and educate them in a manner suitable to their station, and as if they were the lawful children of the parties of the second part and shall at the cost of the parties of the second part, and of the survivor of them, provide the said children with all necessaries, and discharge all the debts and liabilities which the said children or either of them may incur for necessaries, and indemnify the said party of the first part against all actions, claims, and demands in respect thereof.

2. The said party of the first part hereby nominates and appoints the said parties of the second part, during their lives, and after their respective deaths the person or persons to be nominated in that behalf, as is hereinafter mentioned, to be the guardians of the persons and estates of the said children until they shall attain the age of twenty-one years, or until they shall marry under that age respectively.

3. The said party of the first part shall not revoke the appointment hereby expressed to be made, and will not, by deed, will, or otherwise, appoint or apply for the appointment of any other person or persons to be guardian or guardians of the said children or either of them, or of their respective estates.

4. In case of the death of either of the parties of the second part before the said children shall attain the age of twenty-one years, or marry under that age respectively, it shall be lawful for the survivor of them, the said parties of the second part, by deed or will, to nominate and appoint any person or persons, from and after the decease of such survivor, to be guardian or guardians of the said children or either of them.

5. The said party of the first part shall not himself, nor shall any person or persons claiming under him, or acting under his authority, at any time or in any manner interfere with the training or management of the said children or either of them, or with their or her moral, intellectual, or religious education or instruction.

6. If the said party of the first part shall not perform and observe all and every of the stipulations herein contained and on his part to be performed and observed, then and in every such case it shall be lawful for the said parties of the second part, and the survivor of them, by notice in writing under their, his or her hands or hand, and addressed either to the party of the first part or to the person setting up such claim or demand, or so interfering as aforesaid, to put an end to the agreement hereby expressed to be made, and thereupon the same shall absolutely cease and determine; provided that in such event the said party of the first part, or his estate, shall be liable to pay and satisfy all debts and liabilities incurred by or in any wise for the benefit of the said children, or either of them, which at the time of such determination of this agreement shall not have been paid and satisfied. In witness, etc.

44

Release by Ward of His Guardian

Know all men by these presents, that I, A.B., of ________, son and heir of ________, deceased, in consideration of ________, by these presents remise, release, and forever discharge C.D., of ________, my guardian, of and from all manner of actions, suits, accounts, debts, dues, and demands whatsoever, which I ever had, now have, or which I or my executors or administrators, at any time hereafter, can or may have, claim or demand against the said C.D., his executors or administrators, for, touching, or concerning the management and disposition of any of the lands, tenements, or hereditaments of the said A.B., situate, etc., or any part thereof, or for or by reason of any money, rents, or other profits by him received out of the same, or any payments made thereof, during the minority of the said A.B., or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date hereof.

In witness whereof, I have hereunto set my hand and seal, this ____ day of ________, one thousand nine hundred and ________.

(Signature and seal) ________

In presence of

(Signature of witness) ________ ________

45

Will

In the name of God, amen: I, A.B., of the city of ________, in the county of ________, and state of ________, considering the uncertainty of this mortal life, and being of sound mind and memory, blessed be God for the same, do make and publish this my last will and testament, in manner and form following, that is to say:

First: I direct that my funeral charges, the expenses of administering my estate, and all my debts be paid out of my personal property. If that be insufficient I authorize my executors, hereafter named, to sell so much of my real estate as may be necessary for that purpose.

Second: I give and bequeath to my beloved wife, C.B., the sum of $________, in lieu of dower, and of any distributive share in my estate to which she would otherwise be entitled. I also give and bequeath to my beloved wife the dwelling-house and lot on which I now reside.

Third: I hereby give the custody of my infant children during their minority, and while they remain unmarried, to my beloved wife, so long as she remains my widow; but if she shall die or marry again during the infancy of said children, then in that case, I commit their custody and tuition to my friend E.F., of said city and state.

Fourth: I give and bequeath all of the residue of my estate, real and personal, to my children, share and share alike, as tenants in common, to be paid to them as they respectively come of age. In case any one of my children shall die in my lifetime, leaving issue of descendants, I direct that his share shall not lapse, but shall be paid to such descendants, in equal proportions.

Fifth: I appoint my friend G.H. executor of this, my last will and testament, hereby revoking all former wills by me made.

In witness whereof I have hereunto subscribed my name this 1st day of ________, in the year of our Lord ________.

A.B.

We, whose names are hereunto subscribed, do hereby certify that A.B., the testator, subscribed his name to this instrument in our presence and in the presence of each of us, and declared at the same time in our presence and hearing that this instrument was his last will and testament, and we at his request, sign our names hereto in his presence as attesting witnesses.

L.M., of the city of ________ N.O., of the city of ________

46

Will--Another Form

I, A.B., of the town of ________, in the county of ________, and state of________, declare this to be my last will and testament:

I give and bequeath to my wife, C.B., ________ dollars, to be received by her in lieu of dower.

To my son, E.B., ________ dollars (which said several legacies I direct to be paid within ________ after my decease).

I give and devise to my son, E.B. aforesaid, his heirs and assigns, all (here designate the property), together with all the hereditaments and appurtenances thereunto belonging or in anywise appertaining.

To have and to hold the premises above described to the said E.B., his heirs and assigns forever.

I give and devise all the rest, residue, and remainder of my real property, of every name and nature whatsoever, to my said daughter, M.B. (and my daughter, O.B., to be divided equally between them, share and share alike).

I give and bequeath all the rest, residue and remainder of my personal property, of what nature or kind soever, to my said wife, C.B.

I hereby appoint E.B. the sole executor of this will, revoking all former wills by me made.

In witness (etc., as in Form 45).

47

Will Bequeathing Legacies and Appointing Residuary Legatee

I, A.B., of ________, declare this to be my last will and testament.

I bequeath to my wife, C.B., all the fixtures, prints, books, plate, linen, china, wines, liquors, provisions, household goods, furniture, chattels, and effects (other than money or securities for money), which shall at my death be in or about my dwelling-house and premises at ________.

I bequeath to my said wife the sum of ________ dollars, to be paid to her within one month after my death, without interest.

I also give and bequeath to my said wife the sum of ________ dollars.

I also bequeath the following legacies to the several persons hereafter named: To my nephew, E.F., the sum of ________ dollars; to my cousin, G.H., the sum of ________ dollars; and to my friend, J.K., the sum of ________ dollars (and so on with other pecuniary legacies).

I also bequeath to each of my domestic servants who shall be living with me at the time of my death in the capacity of (state the description of servants to whom the legacies are to be given), one year's wages, in addition to what may be due to them at that time.

All the rest, residue and remainder of my real and personal estate, I devise and bequeath to R.S., his heirs, executors, administrators, and assigns, absolutely forever.

I appoint T.U. and V.W. executors of this my will.

In witness, etc.

48

Articles of Incorporation

Know all men by these presents. That we, ________, ________, ________, ________, ________, ________, do associate ourselves together for the purpose of forming and becoming a corporation in the state of ________, for the transaction of the business hereinafter described.

1. The name of the corporation shall be (give name). The principal place of transacting its business shall be in the city of ________, county of ________, and state of ________.

2. The nature of the business to be transacted by said corporation shall be the (give name of business) and the erection and maintenance of such buildings and structures as may be deemed necessary, and to purchase real estate as a site therefor, and especially to ________.

3. The authorized capital stock of said corporation shall be (state amount) thousand dollars in shares of $________ each, to be subscribed and paid as requested by the board of directors.

4. The existence of this corporation shall commence on the first day of ________, A.D., 19__, and continue during the period of ________ years.

5. The business of said corporation shall be conducted by a board of directors not to exceed five in number, to be elected by the stockholders; such election to take place at such time and be conducted in such manner as shall be prescribed by the by-laws of said corporation.

6. The officers of said corporation shall be a president, secretary and treasurer, who shall be chosen by the board of directors, and shall hold their office for the period of one year, and until their successors shall be elected and qualified.

7. The highest amount of indebtedness to which said corporation shall at any time subject itself shall be not more than ________ thousand dollars.

8. The manner of holding the meetings of stockholders for the election of officers, and the method of conducting the business of the corporation, shall be as provided by the by-laws, adopted by the board of directors.

In witness whereof, the undersigned have hereunto set their hand this ____ day of ________ A.D., 19__.

________, ________, ________ ________, ________, ________

State of ________} ________ County. }

On this ____ day of ________, 19__, before me, A.B., a justice of the peace, in and for the said county, personally appeared the above named ________, ________, ________, ________, who are personally known to me to be the identical persons whose names are affixed to the above articles, as parties thereto, and they severally acknowledged the instrument to be their voluntary act and deed.

Witness my hand the date aforesaid.

A.B. Justice of the Peace.

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; how created, 7; post-office agency of offerer of contract, 69, 70

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; woman who marries American, 62; may be naturalized, 62, 63; rights of, 63; owes temporary and limited allegiance, 63; non-resident, 63, 64

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; owner's agent, 16; purchaser's agent, 16, 17; must bind purchaser, 16; completes sale, 17; authority, how conferred, 17; a special agent, 18; authority of, 18, 19; has properties in goods to be sold, 45

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

Bailee, liability of a minor, 26; 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

Bailment, 20, 26-30

Bailor, not responsible for negligence of hirer, 20; may bring action against innocent purchaser, 21; corporation as, 26; and bailee, 26; rights of, 28; not always owner of thing bailed, 28; must explain all faults, 28, 29

Bank, custodian of lost property, 27; 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