A Treatise on the Law of Personal Property, Volum 1

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Little, Brown & Company, 1896
 

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Innhold

Classification into Real and Personal affected by Modern
18
Legislation
21
Chattels Real Chattels Personal and Chattels of a Mixed Description to be considered in Order CHAPTER II
22
Term of Years the only Important Chattel Real Attendant Terms and Leases distinguished
23
When a Lease begins
25
Term of a Lease
26
Term of Lease as affected by Statute of Frauds Written Lease required
27
The Same Subject whether a Seal is Essential Effect of Term not within Statute
29
Form of Lease
30
Rent or Recompense under a Lease
31
Covenants of a Lease
33
3133 Covenants usual on the Lessees Part 36 38
36
Assignment of Lease Act of Parties
40
Assignment of Lease Operation of Law
41
Underletting distinguished from Assignment
43
Modes of terminating a Tenancy 38 The Same Subject Lapse of Time Merger Surrender
44
The Same Subject Forfeiture
45
The Same Subject Notice to quit Modes
46
Contingent Modes of terminating a Tenancy
48
Terms of Years in English Sense of Trust Arrangements Mortgage of Terms
50
Whether Mortgages are Chattels Real
51
Offspring of Domestic Animals how owned
62
Debts Claims Demands
68
Bills and Notes Checks
75
135
84
The Same Subject what may now be assigned
85
The Subject continued what constitutes an Assignment
86
The Subject continued Notice of Assignment to Debtor etc
92
79 The Subject continued what an Assignment confers
95
80 The Subject continued Disputing Consideration etc of Assignment
96
The Subject continued Assignees Rights and Remedies
97
Subject of Assignment as regulated by Statute
101
83 Negotiable Instruments excepted from the Old Rule of As signment
102
84 Indorsement as distinguished from Assignment
103
Various Classes of Negotiable Instruments considered
104
General Conclusion as to Assignment etc CivilLaw Rule
105
Rule as to Transfer of a Ship
107
As to Seizure and Attachment Chattels Corporeal and In corporeal
108
As to Husbands Marital Rights Chattels Corporeal and In corporeal
109
93 As to Effect of Time upon Title Statutes of Limitation
111
Border Line between Real and Personal Heirlooms Em blements and Fixtures
112
95 96 Heirlooms their Nature and Incidents 113
113
Heirlooms Doctrine as to Wild Animals
115
Heirlooms Doctrine as to TitleDeeds Keys
116
Heirlooms Final Observations
117
Emblements Rule as to Chattels Vegetable
118
Diverse Ownership of Soil and Products Statute of Frauds applied to Chattels Vegetable
120
Emblements Title in Chattels Vegetable transmissible by Death
121
Emblements Annual Crops fit for Harvest 104 Doctrine of Emblements strictly so called
122
Doctrine of Emblements Labor upon Crop required
123
Doctrine of Emblements Unexpected Termination of Ten ancy without Fault
125
tels Animals Tame and Wild 54
126
Doctrine of Emblements Right of taking how exercised
128
Character of the Annexation to Land
134
54
137
a Purposes of Improvement Pecuniary Considerations etc
140
59
157
Time of Enjoyment of Personal Property to be considered
163
Exception as to Perishable Chattels
169
Income and Capital LifeTenant and RemainderMan
176
Limits to Accumulations of Income Thellusson
182
Death of Life Beneficiary Presumptions
188
Joint Executors Trustees
194
Remedies of Joint and Common Owners against Third
202
166
207
a The Same Subject Partition in Equity
209
171
214
The Same Subject Purposes and Scope of Partnership
216
63
221
180
229
Modern Legislation affecting Partnership Liability to
230
186
235
Right of Partner to bind the Firm as to the Public
236
190
243
Dissolution and Change of a Partnership how effected
245
65
249
General Conclusions as to the Ownership of Personal Prop
252
67
257
Limited Partnership Business how conducted
258
PartOwnership in Ships or Vessels its Nature
264
Miscellaneous Points as to Rights of PartOwners interse
271
157
276
CHAPTER XI
278
How Private Corporations are created Charter Legislative
284
158
287
70
288
71
295
ByLaws of a Private Corporation
296
159
297
Power to hold Real Estate Statutes of Mortmain
302
160
303
Right to issue Negotiable Obligations
308
Effect of Dissolution upon Corporate Property
317
CHAPTER XII
324
Interest and Usury to be considered in Order
330
72
337
Interest imposed by Way of Punishment
338
Interest where Suit is brought
339
Interest in Transactions relating to Real Estate on Rents Mortgage Debts etc
340
Interest as to those holding Trust Funds etc
341
Interest upon Legacies or Annuities
343
Rule of Interest in Partial Payments
345
What Contracts are Usurious Questions of Intent
346
73
347
Change or Renewal of Usurious Contract
348
Taking Usury where a Contract was not originally Usu rious etc
350
Whether Charging for Exchange is Usurious
353
Rule of Usury applied to Banks
355
Rule of Usury as to the Loan of Productive Chattels
356
Various Usurious Devices
357
Distinctions as to the Purchase and Sale of Commodities
359
Usury with Reference to a Former and Latter Loan
360
Usury consists in Actual Taking
361
76
363
Usury how to be pleaded and proved
365
Usury as a Defence in Chancery
366
The Same Subject Effect of Voluntary Payment
368
Rule of Equity as to the Consequences of Usury
369
Effect of Usury as between Principal Debt and Security
370
Conflict of Laws relating to Interest and Usury
371
Summary of Chapter Usufruct Income etc of Personal Property
372
The Ship a Peculiar Chattel
386
Title to a Ship and Modes of Transfer
387
71
390
307 The Same Subject Sale and Transfer of Title
391
The Same Subject what Appurtenances pass under Instru ments of Transfer
393
Concerning the Persons employed in and about a Ship
394
The Same Subject Masters Rights and Duties
395
312 313 The Same Subject Masters Powers in an Emer gency 397
397
The Same Subject Master when specially employed
400
Rights and Duties of Pilots
403
319 320 The Same Subject General Ship Contract of Freight 404
404
General Ship the Subject continued Bills of Lading
407
Transportation of Passengers by Water
410
323 324 Letting of Wessel on CharterParty 411412
411
The Same Subject Time as an Essential Demurrage
414
CharterParties how modified how construed
417
329 330 The Same Subject Salvage 419
419
331 332 Average in Maritime Losses 425427
425
Captures Privateering Piracy etc
429
Jurisdiction of Courts of Admiralty
430
CHAPTER II
432
The Same Subject Coinage of Money
433
Copper etc Coins and their Uses
434
Money as a Standard of Value its Circulation limited
435
Lawful Money as contrasted with Bullion etc Legal Tender
436
Distinction between Corporeal and Incorporeal Personalty with Respect to Money
437
Coinage by Government English Money
438
The Same Subject American Money
439
Legal Tender Notes whether American Money
440
Effect of Confederate Currency
444
Specie and Currency distinguished
445
Counterfeiting Forgery and Kindred Crimes
446
Bills of Credit Prohibition upon States
447
National Banks and their Currency
448
Bank Notes etc How far a Legal Tender
451
Money Cash etc in Testamentary Trusts and Collo quial Use
453
CHAPTER III
454
Simple Chattel Incorporeal Debt defined etc
455
SimpleContract Debts
465
Effect of Debtors Note or Check by Way of Discharge
471
Composition or Extension Agreement
477
Whether a Particular Lien may exist irrespective of Con
486
General Lien by Express Agreement
492
Method of enforcing a Lien
498
Broad Significance of Lien in Judicial Language
506
DEBTs SECURED BY PLEDGE collaterAL security page 394 What is a Pledge or Pawn Collateral Security
507
395 396 What Things may be the Subject of Pledge 509
509
The Debt or Engagement to be secured
512
Who may pledge or receive in Pledge
513
399 400 Delivery in Pledge Retention of Possession 515
515
Duty of Pledgee as to taking Care of the Pledge etc
520
Whether Pledgee may use the Pledge
522
403 404 Right of Pledgee to sue Third Parties Assign Trans fer etc 523
523
Pledgors Right to transfer his Own Interest etc
526
Remedies of Pledgee on Default of Pledgor
527
Effect of Legislation and Special Contract
529
How Notes and Various Other Securities should be realized Collection etc
531
Miscellaneous Points as to realizing the Security
532
Pledgee may sue the Pledgor instead of enforcing the Se curity
534
412 How the Contract of Pledge becomes extinguished Exten sion etc
535
DEBTs secured BY MoRTGAGE chattel Mortgages 414 Debt on Mortgage Security to be considered Mortgages in General
536
The Same Subject Mortgage distinguished from Lien or Pledge
537
The Same Subject Mortgage distinguished from Sale etc Essential Test
539
418 Form of Chattel Mortgage Parol Mortgage etc
541
Matters of Description in a Mortgage
542
What does a Chattel Mortgage give in Security 421 The Same Subject Rule as to FutureAcquired Property
544
What does a Chattel Mortgage secure
547
Mortgages made under a Qualified Title etc
548
Mortgage should conform to Legislative Policy etc
549
Rules of Delivery Registry etc Local Statutes requ
550
Want of Delivery as a Badge of Fraud
557
Mortgagees Assignment of the Mortgage
563
Mortgagee may pursue Personal Remedies against Mortgagor
569
Principal Parties etc compared in Bills and Notes
579
Presentment and Demand when made Days of Grace
587
Title of Bona Fide
598
Checks and their Characteristics
604
468 Payment of Checks Duties of Banker etc
611
472 Warehouse Receipts whether Negotiable
618
478 Government Loans Notes Bonds etc
626
The Same Subject Shares are Incorporeal Personal Prop
633
Stock as distinguished from the Corporate Property
635
Promoters Preliminary Subscribers etc
643
499 Whether a Stock Certificate may be deemed Negotiable
650
The Same Subject Sales through Brokers
657
Liabilities of a Stockholder how far liable for Corporate
663
a Rights of Stockholders on Dissolution
671
No Public Use for Two Years prior to the Claim
677
Priority among Conflicting Claimants of a Patent
680
The Same Subject Specifications
681
Patents how issued their Tenor
683
Caveat Surrender Reissue and Disclaimer
686
530 Rule as to Extension of Patents
688
Appellate Proceedings for obtaining a Patent
689
532 533 Infringement of Patents Remedies etc 690
690
Miscellaneous Points as to Patent Suits
692
Copyright Statute Protection etc
693
The Same Subject Legal Principles
694
Length of Copyright Term
696
Assignment of Copyright
697
English and Foreign Patent and Copyright Laws
698
CHAPTER XI
699
a Pensions Salaries Wages etc
701
Life Insurance Modern Development as a Business
703
Contract of Life Insurance Various Forms of Policy
704
Insurable Interest in a Life
705
Assignment of Life Insurance Policies
707
548 549 Contract of Life Insurance Preliminary Questions Medical Examination 708
708
Conditions Subsequent vitiating the Policy
711
The Same Subject Manner of Death
713
When the Insurance Risk commences
715
Forfeiture through NonPayment of Premiums
716
ReInsurance Double Insurance etc
718
Time and Mode of obtaining Payment
719
Insurance against Accidents
721
557 558 Insurance on Property Fire and Marine Insurance 723
723
Miscellaneous Kinds of Insurance Guarantee etc Final Observations
726
Legacies and Distributive Shares in General
727
Assignment the Subject continued Old Rule of
735
TABLE of CASEs cited xxix
Rights and Duties of Partners as between themselves 243

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Side 680 - The specification is a written description of the invention or discovery, and of the manner and process of making, constructing, compounding and using the same, and is required to be in such full, clear, concise and exact terms as to enable any person skilled in the art or science to which the invention or discovery appertains, or with which it is most nearly connected, to make, construct, compound and use the same.
Side 680 - ... in such full, clear, concise, and exact terms as to enable any person skilled in the art or science to which it appertains, or with which it is most nearly connected, to make, construct, compound, and use the same ; and in case of a machine, he shall explain the principle thereof, and the best mode in which he has contemplated applying that principle, so as to distinguish it from other inventions ; and he shall particularly point out and distinctly claim the part, improvement, or combination...
Side 673 - The act of 1870 declares that " any person who has invented or discovered any new and useful art, machine, manufacture, or composition of matter...
Side 681 - The applicant shall make oath that he does verily believe himself to be the original and first inventor or discoverer of the art, machine, manufacture, composition, or improvement, or of the variety of plant, for which he solicits a patent; that he does not know and does not believe that the same was ever before known or used; and shall state of what country he is a citizen.
Side 378 - It is a clear proposition, not only of the law of England, but of every country in the world where law has the semblance of science, that personal property has no locality. The meaning of that is, not that personal property has no visible locality, but that it is subject to that law which governs the person of the owner...
Side 673 - ... not known or used by others in this country before his invention or discovery thereof, and not patented or described in any printed publication in this or any foreign country before his invention or discovery thereof...
Side 503 - This claim or privilege travels with the thing, into whosesoever possession it may come. It is inchoate from the. moment the claim or privilege attaches, and when carried into effect by legal process, by a proceeding in rem, relates back to the period when it first attached.
Side 693 - States or resident therein, who shall be the author, inventor, designer, or proprietor of any book, map, chart, dramatic or musical composition, engraving, cut, print, or photograph or negative thereof, or of a painting, drawing, chromo. statue, statuary, and of models or designs intended to be perfected as works of the fine arts...
Side 694 - ... the sole liberty of printing, reprinting, publishing, completing, copying, executing, finishing, and vending the same ; and in the case of a dramatic composition, of publicly performing or representing it or causing it to be performed or represented by others...
Side 580 - Upon a review of the cases which are reported, this court is of opinion that a letter written within a reasonable time before or after the date of a bill of exchange, describing it in terms not to be mistaken, and promising to accept it, is, if shown to the person who afterwards takes the bill on the credit of the letter, a virtual acceptance binding the person who makes the promise.

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