Part 26

Merchandise Broker, 45, 46

Messages, telegraph, should not be made public, 247; may be produced by order of a court, 247; criminal offense to divulge, 247; to open or read a sealed, 247; repeated and unrepeated, 248

Minor, limited power of, 7; 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

Morawetz, quoted, 88, 89, 100

Mortgage, creditor, can force contract to give, 120; 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_

Mortgage, Chattel, 52; 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_

Mortgagee, 55, 56; has insurable interest in goods, 126

Mortgagor, 55, 56; favored by law in regard to fixtures, 133

Motorist, non-resident, 20

Naturalization, 62

Negotiable Instruments Law, 213

Negotiable paper, definition, 183-197; see _Note_, _Promissory_

Newspapers, offers and rewards in, 70, 71

Note, promissory, definition, 183; 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

Non-resident Alien, 63, 64

Notice, of sale under mortgage, form for, 291; of meetings, see _Corporation_; to quit, form for, 299

Nuisances, private, are wrongs, 255

Obligations, various, included in Statute of Limitations, 245

Officer, public, liability of, 52

Option, to purchase land, 16

Owners, in common, of vessels, 236, 237

Parent, natural and adopted, 5; cannot lease land of minor child, 155; of a minor, 177; obligations of, toward child, 197; cessation of, 197; protection of child by, 197; use of child's property by, 197; and child, relations between, 197; see _Adopted Child_, _Husband and Wife_

Partner, a member of beneficial association not a, 39; 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

Partnership, rules for termination of agency, 14; 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

Party wall, form for agreement concerning, 277

Passenger, duty of automobile owner or hirer, in carrying, 22; compensation for carrying, 22; see _Carrier_

Patent, 202; 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

Pawn Broker, 45, 47

Payment, when can double be required, 9, 211; 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

Peck, quoted, 117

Pedestrian, rights of, 22

Physician, admission of, to beneficial associations, 41; form for agreement for sale of practise of a, 309

Pledgee, authority of, 7; has insurable interest in goods, 126

Pledgor, of stock, 85, 86

Policy, insurance, 168-176; form of assignment of, 302; see _Insurance, Fire_; _Insurance, Life_

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

Power of attorney given to an agent, 7; given by a homesteader, 14; revoked by woman's marriage, 14; form for, 299; to transfer stock, form for, 300

Precedent, nature of, 1

Preference, defined, 32

Preferred stock, see _Corporation_

Premium, see _Insurance, Life_; _Insurance, Fire_

Prescriptive Rights, 214; to land, how gained, 214; how determine whether or not fully acquired, 214; to light and air, 215; to use of water, 216; to lateral support of land, 217; excavations, 218

Price, fixing of, in a sale, 230; determination of reasonable, 231

Promise to pay a debt, renewal of, 244, 245

Property, lost, 26, 27; fraudulent transfer of, 32, 33; real and personal, in wells, 263

Prosecution, liability of corporation for, 99; malicious, is a wrong, 249

Prosecutor, State as, 164; injured person as, 164

Publication, prior, of an invention, 204

Public Officers, and Compensation Acts, 272

Purchasers of vessels, liability of, 238

Quasi Contract, 218; 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

Quit, form for notice to, 299

Quit-claim, 106; form for deed of, 285, 286

Quo warranto, action of, 166

Race track news by telegraph, 217

Railroad receivers, 8

Ratification, defective notice of meeting may be cured by, 83

Real Estate, broker, 45, 46; 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_

Receipt not conclusive evidence of payment, 213

Receiver, duties of, 79; has insurable interest in goods, 126. See _Corporation_

Registration of vessels, 235

Release, 106; by ward of his guardian, form for, 314

Rent, 160

Replevin, action of, 165

Representation, as distinguished from warranty, 260

Retraction, of slander and libel, 255

Revocation of wills, 266

Right of way, 214; to light and air, 215; to use of water, 216; to lateral support of land, 217

Riparian owner, rights of, 112

Roads, public, 19

Safe Deposit Company, as bailee, 29

Sale, 227; 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

Sales Act, 17, 228; 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

Seal, use of, 106; effect of, in a receipt for payment, 214

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. See _Corporation_

Shares, land rented on, 161; of stock, form for agreement to sell, 302

Shipping, 235. See _Vessels_

Shipping Broker, 45

Slander, liability of corporation, 11, 12, 99; in case of drunkenness, 118; and libel, action of, 166; and libel, distinctions between, 252; is a wrong, 250, 251; definition of, 253

Sleeping car, 51

Snow, liability for, on pavement, 162

Spring of water, restrictions of owner, 217

Statute of Frauds, and auctioneer, 17; and lease, 152; and recovery on contract, 221, 222; and sale of goods, 229, 242, 243; and delivery and acceptance, 242; and sale of real estate, 242; and manufacturer, 243

Statutes, 1, 2; 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

Statutes of Limitation, claim barred by, and bankruptcy, 35; application of, to directors, 90; operation of, to cancel debt, 213; various provisions, 243, 244, 245

Stock, 75; 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_

Stolen property, resale of, 261

Strike, excuses telegraph company for delay, 246

Sub-agent, 10, 15

Sublease, 157

Subscription to build a church, form for, 299

Subtenant, 157

Taxes, of beneficial associations, 41; on homestead, 137

Telegraph, 246, 248; 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

Telephone, 246-248; company cannot favor any telegraph company, 246; cannot legally charge a telegraph company more than any other patron, 246; cannot discriminate against another telephone company, 246

Tenant, favored by law in regard to fixtures, 132. See _Lease_

Term of lease, defined, 153

Terms, explanation of, 1

Testator, must possess sound mind, 262, 263, 264; requirements of, 264

Title to bed of lakes, 112; to real estate, 112, 113; warranty of seller's when in possession of the goods, 261

Tort, action in, 166

Torts (or wrongs), 248-260; 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

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

Trespasser, 152

Trustee, appointment of, in bankruptcy, 36; must give bond, 37; removal of, 37; death of, 37; represents bankrupt debtor, 37; duties, 37; may make lease, 156; powers of, 265

Undivided share of goods, and Sales Act, 229

United States, common carrier for mails, 52; liability of, for conduct of a private mail driver, 52; citizen of, defined, 62; act conferring citizenship on alien women, 62; naturalization laws, 62, 63

Usage, affects agent's power, 8; sales of auctioneer, 18; may take into account in insurance policy, 128; in presenting check for payment, 192; creates implied warranty, 233; delivery of goods affected by, 234

Vendor, when can sell goods, 7; may have lien for purchase money, 180; notice of lien, 181

Vessels, must be registered, 235; 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

Vituperation and abuse, a wrong, 251

Voluntary service, recovery for, 219

Voting, cumulating, described, 87, 88

Ward, death of, terminates lease, 155; form for release from guardian, 314

Warranty, deed of, 104, 105; 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_

Water, use of stream of, 216. See _Prescriptive Rights_

Widow, rights of, 136. See _Dower_

Wife, rights of in will, 266; rights in marriage. See _Husband and Wife_

Will, mortgagor dies without leaving, 182; 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

Williston, quoted, on stock sales, 235

Witnesses of wills, number required, 262

Woman married, limited power of, 7; as mortgagee, 53; and contracts, 65; as subscriber to stock, 75; husband of, entitled to curtesy, 101, 102; execution of deed by, 109, 110; and dower, 113; lease made by, 155; and Statute of Limitations, 244; may be devisee or legatee, 264. See _Husband and Wife_

Work and labor, form for agreement for, 280

Workmen's Compensation Acts, injury to chauffeurs, 57, 266; 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

Wrongs. See _Torts_, 248-260

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