Proceedings of the ... Annual Convention, California Bar Association, Volum 9,Del 1918

California Bar Association, 1918

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Side 91 - In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them : the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them : to the end it may be a government of laws and not of men.
Side 322 - That where a negotiable bill has been lost or destroyed a court of competent jurisdiction may order the delivery of the goods upon satisfactory proof of such loss or destruction; and upon the giving of a bond, with...
Side 319 - Where a negotiable bill is transferred for value by delivery, and the indorsement of the transferor is essential for negotiation, the transferee acquires a right against the transferor to compel him to indorse the bill. unless a contrary intention appears. The negotiation shall take effect as of the time when the indorsement is actually made.
Side 320 - That he has no knowledge of any fact which would impair the validity of the instrument or render it valueless.
Side 316 - Title to a certificate and to the shares represented thereby can be transferred only, (a) By delivery of the certificate indorsed either in blank or to a specified person by the person appearing by the certificate to be the owner of the shares represented thereby...
Side 317 - Nothing in this Act shall be construed as enlarging the powers of an infant or other person lacking full legal capacity, or of a trustee, executor or administrator, or other fiduciary, to make a valid indorsement, assignment or power of attorney.
Side 322 - In any case not provided for in this Act, the rules of law and equity, including the law merchant, and in particular the rules relating to the law of principal and agent, and to the effect of fraud, misrepresentation, duress or coercion, mistake, bankruptcy or other invalidating cause, shall govern.
Side 323 - Value" is any consideration sufficient to support a simple contract. An antecedent or pre-existing obligation, whether for money or not, constitutes value where a certificate is taken either in satisfaction thereof or as security therefor. (2) A thing is done "in good faith...
Side 319 - ... (1) The certificate has been transferred to a purchaser for value in good faith without notice of any facts making the transfer wrongful, or, (2) The injured person has elected to waive the injury, or has been guilty of laches in endeavoring to enforce his rights.
Side 212 - No justice, judge, or justice of the peace shall sit or act as such in any action or proceeding : 1. To which he is a party, or in which he is interested; 2.

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