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
- 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;
- 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
- Bankrupt, voluntary and involuntary defined, 31;
- 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
- 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
- Building, form for agreement for, 278.
- See Real Estate, Land
- 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
- Carrier, 48;
- 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 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
- Charters, of national banks, 73;
- perpetual, 73
- Chattel mortgage with power of sale form for, 288.
- See Mortgage, Chattel
- Chauffeur, physical fitness of, 25;
- Check, 58;
- 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
- Child, adopted, 5;
- Children, must be supported by parent, 197;
- Church, form for subscription to build a, 299
- Citizen, 62;
- 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
- Coin, legal limit of, in payment, 211
- Cold storage, 29
- Compensation Acts, Workmen's, 266;
- basis for computation of compensation under, 274
- Complaint, action of, 166
- Contract, 64;
- 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 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
- Corporation, cannot become a voluntary bankrupt, 31;
- 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
- Court, federal and state, 1, 4;
- Covenants, 104, 105, 122, 165.
- See Deeds
- Credit, letter of, form for, 309
- Creditor, of bailee, 28;
- 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
- Crime, drunkenness as excuse for, 117;
- Curtesy, 101, 102
- Custom, when no defense to chauffeur, 58;
- liability of innkeeper changed by, 149.
- See Usage
- Damages, nominal and compensatory, 253
- Death, of principal or agent, 15;
- 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
- Debts and Statutes of Limitation, 244;
- Deceit, 102;
- Decisions, highest court, 1
- Deed, 7, 104;
- 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
- Defenses, in actions for slander and libel, 254
- Delay in telegraph messages, 246
- Dependents of workmen, and Compensation Acts, 272
- Deposits, how made by agent, 12.
- See Bank; Check
- Desertion, its effect on homestead, 136
- Devise of lands, 265
- Devisee, of mortgaged land, 182;
- Director, of corporation, 86-93, 94, 96, 100
- Discomfort acts of, wrongs, 256
- Dividends, 94-98, 125.
- See Corporation
- Divisional tree, law relating to, 113
- Divorce, effect of on dower right, 116;
- Domicile, of bankrupt, 31;
- husband's becomes wife's, 139
- Dower, 113;
- Drunkenness, 116;
- effect of, on contracts, 116, 117;
- as excuse for crime, 117;
- liability of sober party, 117, 118;
- responsibility of common carrier, 118;
- slander, 118
- Earnings, the basis for computation of compensation, 274
- Ejectment, action of, 166
- Elevator, sale of grain in, 229
- Employees, casual, and Compensation Acts, 270;
- Federal and Compensation Acts, 271
- Employer and employee, relations as to patents, 207, 208;
- Enrollment, of vessels, 235
- Equitable remedies, 118-122
- Equity, court of, 3, 16, 118-122, 128;
- law and, 3
- 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;
- Food, warranty in sale of, 261
- Forgery, ratification of, 9;
- Forms, legal:
- 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
- Frauds, Statute of. See Statute of Frauds
- Furnished rooms, form for lease of, 297
- Garage, keeper of a bailee for hire, 133;
- 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
- Gift, cannot be recovered, 218
- Grain, sale of, in elevator, 229
- Guardian, who can act as, 143;
- may make lease, 155;
- of a minor, 177;
- may apply for a patent, 208;
- form for release of, by his ward, 314
- Habeas corpus, action of, 166
- Health of employees in relation to Compensation Acts, 268
- Highway, 112, 135, 218.
- See Automobile
- Homestead, agent's authority to sell, affected by owner's marriage, 14;
- 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
- Huddy, quoted, 22, 23
- Husband and wife, 137;
- 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
- Ice, liability for, on pavement, 162
- Imprisonment, false, a wrong, 249
- 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;
- form for deed of, 284
- Indorsement, see Negotiable Paper
- Infancy, period of, defined by-law, 65
- Inheritance, adopted child, 5
- Injunction, temporary and permanent 22;
- Innkeeper, 147;
- Insane person and Statute of Limitation, 244
- Insanity, of principal, 13;
- Inspector, 83, 101
- Insurance Broker, 45, 46
- Insurance, fire, when liable for acts of agent, 6;
- 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
- Insurance, life, 167;
- 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
- Insurance money, provision for, in lease, 159
- Insurance policy, of bankrupt, 37;
- form for assignment of, 302
- Insurer, garage keeper not an, 134;
- innkeeper is, 147
- Interstate Commerce Commission, controls interstate telegraph business, 248
- Invention, patentable or not, 202, 203;
- 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
- Jewelry, keeping of, by bailor, 29;
- see Carrier, Innkeeper
- 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;
- Land license, see License
- Land owner, liability of, for nuisances on his property, 257;
- for safety of persons and children, 259
- Landlord, see Lease
- Larceny, 27
- Law, common, 1, 2, 3;
- Lawsuit, mode of conducting, 164
- Lease, 151;
- 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
- 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;
- and slander, 252
- License, land, 149;
- License to operate automobile, 20
- Lien, of agister, 30;
- Life Insurance, see Insurance, Life
- Limitation, Statutes of, 243, 244, 245
- 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
- Mail, United States common carrier for, 52;
- Malice, liability of corporation for, 99
- Mandamus, issue of, 81;
- action of, 166
- Manufacture, contract for, not included in Statute of Frauds, 243
- Manufacturer, liability of, 258
- Margin, sale of stock on, 235
- Marriage, 13, 14, 115, 137;
- see Husband and Wife
- Massachusetts courts, decision in respect to adopted child, 5
- Masters, of vessels, law governing employment, 239;
- Meetings, 83-86
- Merchant, duty of, towards public, 151;
- and traveling salesman, form for agreement between, 311
- Merchandise Broker, 45, 46
- Messages, telegraph, should not be made public, 247;
- 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;
- 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;
- Precedent, nature of, 1
- Preference, defined, 32
- Preferred stock, see Corporation
- Premium, see Insurance, Life; Insurance, Fire
- Prescriptive Rights, 214;
- Price, fixing of, in a sale, 230;
- determination of reasonable, 231
- Promise to pay a debt, renewal of, 244, 245
- Property, lost, 26, 27;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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