Commentaries on the Law of Contracts: Being a Consideration of the Nature and General Principles of the Law of Contracts and Their Application in Various Special Relations, Volum 4

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When and how far client is hound by act of attorney
35
Duty of attorney to clientConfidential communications
36
Attorneys duty to exercise skill and careLiability for negligence
37
Attorneys knowledge and skill considered with reference to lo cality
39
Attorneys liability for negligence
40
Duty of attorney to obey instructions
42
Duty of attorney to account and pay over
43
Compensation of attorney
44
Attorneys lien
47
Attorneys in factPower of attorney
50
CHAPTER LXL
52
Statute of fraudsMemorandum
54
Conduct of auction sale
56
Conduct of saleChilling bidsPuffing and bybidding
58
When contract is madeAcceptance of bid
60
Rights liabilities and remedies of buyer and seller
61
Auctioneers duties and liabilities to the vendor
64
Auctioneers duties and liabilities to purchaser
65
Liabilities of auctioneer to third personsSale of stolen goods
66
Auctioneers compensation
67
Auctioneers lien
68
CHAPTER LXII
69
General rules as to authority to bind corporation
71
Directors
72
PresidentManager
74
SECTION PAGE 2890 Vicepresident
77
Secretary
78
The cashier
79
Tellers
82
Other officers and agentsMiscellaneous
83
CHAPTER LXIII
86
AuthorityHow conferred
87
Extent of authorityUsage
88
Implied and particular authority of factors
89
Implied and particular authority of brokers
91
Relation between principal and factor or brokerGeneral obliga tions of factors and brokers to principal
93
Duties and obligations of brokers and factors to principals
94
Rights and remedies of broker as against principalCompensation Real estate brokers
96
Obligations of principal to factorLien of factor
101
Liability oi principal to third parties
103
Rights and remedies of factor against third parties
106
Rights and remedies of principal as to third parties
108
Del credere factors
111
CHAPTER LXIV
113
Duties and powers of traveling salesmen generallyNo power to receive payment
115
No implied authority to take back or exchange
116
Rejection or acceptance of agents act
117
Drummers samples not ordinary baggageContracts and custom as to carriage
118
CHAPTER LXV
120
Authority of agentHow provedParol evidenceSeal
121
Evidence of agencyCircumstantial evidence
122
Agency inferred from relation of parties
123
SECTION PAGE 2929 Habit and course of dealing
124
Course of dealingActs of agent in other transactions
125
Declarations and admissions of agent
126
Admissions of principal
127
Notice to agent as notice to principal
128
Ratification
129
Revocation and termination of agency
132
TITLE TWO ARBITRATION AND AWARD CHAPTER LXVI
134
Agreements for submission effect and necessity
137
Manner and form of submission
140
What may be submitted
142
Who may submit to arbitration
145
Requisites of submission
151
Amendment of submission
153
Revocation of submission
154
Effect of submission
159
Construction of submission
160
Who may be arbitrators
162
Appointment and oath
164
Authority and power of arbitrators
166
Compensation and liability of arbitrators
169
Proceedings before arbitrators in generalPresence at meetings
170
Right to hearing before arbitratorsExtent of right
172
Time and place of hearing before arbitrators
173
Notice to parties of meetings of arbitrators
174
Conduct of hearing by arbitratorsWitnesses and evidence
176
Manner of reaching decision by arbitratorsUnanimity
179
UmpireMethod of appointment
181
UmpireHis authority
183
CHAPTER LXVII
186
Form and requisites of awardPublication
187
Mutuality of award
191
Certainty of award
192
Conformity of award with submission
196
Further of conformity of award to scope of submission
198
Finality of award
201
Completeness of the award
203
Consistency of awardPossibility of performanceReasonable nessEntirety
204
Partial invalidity of award
205
Correction and reformation of award
207
Ratification and repudiation of award
209
Construction of award
210
Parol evidence to vary or explain awardArbitrators as witnesses
211
Conclusiveness of award when unimpeached and effect upon cause of action
214
Costs of arbitration
218
Impeachment of awardGrounds
220
Impeachment of awardMethod
225
Performance of award
228
Enforcement of award
230
TITLE THREE BAILMENTS CHAPTER LXVIII
235
Character of the relation
236
Origin of the law of bailment
237
Classification of bailments
238
The consideration which supports the contract
239
Principles common to all bailments and subjectmatter of a bail ment
240
SECTION PACE 2992 Delivery and acceptance of the property
241
Possession of the property
243
Bailees estoppel to deny bailors title
244
Bailees rights against third parties
245
Bailees rights to use of propertyConversion
246
Expenditures upon property bailed
247
Care to be taken of property bailed
248
Bailee must act in good faith
250
Effect of special contract r
251
Termination of relation
252
Form of action and burden of proof
254
Distinction between bailment and debt sale or gift
255
CHAPTER LXIX
258
Mandates
259
Delivery and acceptance
260
Use of the property and expenses
261
Care to be used by bailee in accomplishing the bailment purpose
262
Effect of failure to obey instructions or to give special care with notice that such is necessary
264
Bailees rights against bailor or third parties
265
The finder of lost property
266
Termination of relation and redelivery
267
For benefit of baileeGratuitous loansThe commodate
268
Creation of the relation
269
Bailors rights and duties
270
The care demanded of the bailee
271
Redelivery
272
CHAPTER LXX
273
Pledge distinguished from chattel mortgage and lien
274
Essentials of the relation
275
What may be pledged
276
Title necessary to pledge goodi
277
Delivery in pledge
279
Constructive delivery
281
Delivery of negotiable instruments in pledge
283
Pledge of corporate stock
284
Delivery of bills of lading and other quasinegotiable papers
286
Pledgees right to possession of pledge
287
Pledgees right to useExpenses and profits
288
Care demanded of pledgeeCollection of negotiable paper
289
Pledgees right to assign pledge
290
The pledgors warranty of title to the pledge
291
Pledgors right to assign subject to pledge
292
The pledgors right to redeem
293
Termination of the relation by the pledgor
294
Redelivery
296
Commonlaw sale of the pledge
297
Sale in equity
298
Sale under statute
299
Further of pledgees rights in case of defaultWhere pledge is chose in action or corporate stock
300
Pledgors rights in case of default or in case of pledgees wrong
301
Rights of purchaser at pledgees sale
302
CHAPTER LXXI
303
Contracts of hiring the use of a thing
304
Creation of the relation
305
Bailees right to possession and use
306
Care demanded of hirerExpenses
307
Bailees misuse and conversion
309
Third persons and subusers
312
Assignability of bailees rights
314
SECTION PACE 3080 Special classesStorekeeper or bathhouse keeper as hired bailee of personal belongings of customer or patron
315
Termination of the contract of hiringRedelivery and recompense
316
CHAPTER LXXII
320
Creation of the relation
321
Diligence and skill required of bailee
323
Expenses and insurance
326
CompensationWhere work completed but not according to contract
328
Bailees lien for amount of compensation
329
CHAPTER LXXIII
333
Delivery and acceptanceCommencement of liability
334
Warehouse receiptsTheir effect and assignability
335
Warehouse receipt as a contractIts effect in limiting liability
337
Duties and liabilities of warehouseman
339
Further of the warehousing relationshipWarehousemans lien
341
RedeliveryPresumption in case of injury to goodsTermina tion of relation
342
Wharfingers
343
Safedeposit companies
344
Public officers as bailees
345
Other bailments for custodyAgisters and livery stable keepers
346
CHAPTER LXXIV
347
Who are innkeepers
348
Who is a guestTransient character of the relationship
350
A guest must receive accommodations of the inn as such
352
Innkeepers duty to receive all comers
354
Innkeepers liability for the goods of his guests
355
For what goods innkeeper is liable
357
Innkeepers liability for the safety and protection of his guests
360
Innkeepers lien
361
Termination of relation
362
Innkeeper as ordinary bailee
363
The postoffice department as bailee
364
CHAPTER LXXV
366
Private carriers
368
Further of distinctionsExceptions to rules
370
Kinds of common carriers with reference to means of trans portation
372
Who are not common carriers
374
Common carriers extraordinary liability as bailee
375
CHAPTER LXXVI
377
Place of delivery
379
To whom delivery must be made
380
Constructive delivery
381
Completion of delivery and acceptance by carrier
382
Notice to carrier of delivery
383
Delivery to connecting carrier
385
CHAPTER LXXVII
388
Dual capacity of bill of lading as receipt and contract
389
Operation of bill of lading as receipt
390
SiCTION PAGE 3160 Bill of lading as a contract
392
Conflict between bill of lading and parol contract
393
Mutual assent
394
Transfer of title to goods by transfer of bill of lading
395
Bill of lading as evidence of title
397
Bill of lading with draft attached
399
CHAPTER LXXVIII
401
Duty to furnish sufficient accommodations
402
Duty to furnish suitable accommodations
404
Duty to furnish cars suitable to particular classes of freight
405
Duty to show no preference
406
Duty as to manner of carriage
408
409
409
Carrier must choose safest route where more than one
410
Special duties arising under special contractEffect of deviation from contract
411
Contracts to carry within certain time
412
Care of goods in emergencies
413
Carriers liability for loss
415
What is considered act of God
416
Carriers exposure to dangerDeviation from route
418
Burden of proof
420
What is meant by loss caused by public authority
421
Loss caused by act of shipper
422
Statutory exceptions to carriers liability
423
Special circumstances may increase duty not to delay
424
Excuses for delay
425
Duty to delay under some circumstances
426
CHAPTER LXXIX
427
Limitation of liability by notice
428
SECTION PAGE 3207 Essentials of the contract
429
What is a special contract
430
Contract may be in parol
431
Notices informing of carriers regulations
432
Receipt must be delivered when goods accepted
433
Character of limitations
434
Limitation of amount of liability
435
Effect in case of abandonment or completion of contract
438
Limitation of time in which claim for loss must be made
439
When limitation does not applyWaiver
441
Condition precedent and burden of proof
442
Effect of contract limitations in case of negligence
443
Authority of shippers or carriers agent to limit liability
444
Construction of contracts limiting liability
445
Construction of exceptions found in bills of water carriers
448
Act of carrier which prevents taking advantage of contract limita tionsDeviation or departure from contract
449
When connecting carrier obtains benefit of contract made by initial carrier
450
Consideration for contract limiting liability
452
CHAPTER LXXX
454
On what goods entitled to freight
455
Amount of compensation
456
Who must pay the freight
457
Method of calculating compensation
458
Method of calculating freight pro rata itineris
460
Transhipment at rate different from original rate agreed upon
461
Demurrage
462
Construction of special clauses in demurrage contracts
463
Demurrage where contract is silent as to time of unloading
464
Cesser clause and lien for demurrage
466
Charges for special services
467
Discrimination in freight charges
468
Carriers special property in goods and general rights as bailee
469
When subrogated to owners rights
470
Authority to sell
471
Right to know character of goods offered for carriage
472
Shippers failure to deliver
473
CHAPTER LXXXI
478
Delivery to right person
479
Place of delivery
482
Where goods are shipped to a certain place
483
Delivery by water carriers
484
Delivery by railroads
487
New Hampshire rule
488
New York rule
489
When liability as warehouseman begins
490
Liability as warehouseman
491
Delivery by express companies
492
Carrying goods C O D
493
Consignees rights as to C O D shipments
494
Excuses for nondeliverySeizure under legal process
495
Stoppage in transitu
497
Receipt for delivery
499
Delivery to connecting carrier and liability of connecting carrier In general
500
Who is a connecting carrier
501
Contract for through carriage
502
Authority to make through contract
504
Which carrier is liable to consignee
505
Compensation of connecting carriers
507
Delivery to connecting carriers
508
CHAPTER LXXXII
512
Duty to carry
513
Carriers duty as to accommodations
514
Care of the stock in transit
515
Liability for loss or delay
517
Special contract and limitation of liability
518
Statutory regulation
519
Termination of relation and delivery
520
Delivery to connecting carrier
521
CARRIERS OF PASSENGERS 3305 Defined and distinguished 523
524
Who must be carried
526
Creation of relationOffer to become passenger
527
Acceptance by carrier
528
Duties of carrier toward passenger
532
Carriers duty as to accommodations
533
Duty to protect passengers from third persons
536
Violation of carriers duties toward passenger considered as breach of contract or as tort
537
Carriers rules and regulations
538
Ejection for failure to comply with regulations or because of faulty ticket
539
Carriers right to compensation
541
Ticket as a contract
542
Conclusiveness of ticket
544
Loss of ticket
545
Stopover privileges
546
Time limitations
548
Transfer of ticketsNontransferable tickets
549
Excursion tickets and roundtrip tickets
550
Mutilated ticketsShowing ticket before admission to train
551
Limitation of liability by contractWhere one travels on pass
553
Limitation of liability where fare paid
555
Termination of relation of carrier and passenger
556
Duty to stop at stations to announce stations to conform with schedules and to give passenger proper instructions
557
Foreign and inland bills of exchange
572
Definitions of a promissory note
573
Form and negotiability of a promissory note
574
Meaning of the law merchant
575
Negotiability in general
576
Assignability in general
577
Duration and extent of negotiability
578
Quasinegotiable instruments
579
CHAPTER LXXXV
582
Forms and requisites of bills and notes
583
Instrument must be in writing
584
Antedating and postdating instruments
585
Designation of parties
586
SameDesignation of parties
587
Designation of payee
589
Designation of drawee
591
Necessity for order or promise to pay
592
Provision for payment of money
593
Provision for attorneys fees and costs of collections
594
How money designated
595
The amount must be certain
596
Time of payment must be certain
597
Designating place of payment
599
Words expressing consideration
600
Signature necessity form and position of
601
SealNecessity for and effect
602
Recitals in bill of lading as to condition or character of goods received
604
Conflict of law 3390 Law of place of contract governs
607
The original contract of the drawer
608
Contract of drawee
610
Contract of maker
611
Contract of guarantor
612
Contract of surety
613
Capacity of parties to contract
615
Delivery of instrument
616
Consideration necessity for
617
Sufficiency of consideration
619
Valuable consideration
620
Accommodation paper
621
Love and affection
622
Consideration for extension
623
Validity of consideration
624
CHAPTER LXXXVI
626
AcceptanceNecessity for
628
By whom acceptance made
629
When acceptance implied 30
630
Acceptance of incomplete bill
631
Qualified or conditional acceptance
632
Effect of acceptance
633
CHAPTER LXXXVII
635
Time of transfer
636
Transfer by indorsement
637
Striking out indorsement
638
Transfer by blank indorsement
639
Transfer by special indorsement
640
Transfer by delivery
642
Effect of transfer upon equities
643
Liability of transferrer by delivery
646
Transferrers implied warranties
647
CHAPTER LXXXVIII
648
Maturity of paper payable on or before or after a fixed time
649
Maturity of paper payable on or after demand
650
Days of grace
651
Effect of extension or renewal as between parties
652
Effect of extension or renewal as discharge of other parties
653
What constitutes an extension or renewal
655
Effect of laches
656
CHAPTER LXXXIX
658
What is usual course of business
659
Holder without notice
660
Necessity for presentment for payment and demand
662
Time for presentment or demand
663
Place of presentment or demand
664
Special classes of hiring the use of a thingProperty for ex hibition 314
665
To whom presentment should be made
666
By whom presentment may be made
667
Waiver of presentment and demand
668
Discharge by payment
669
Payment for honor
671
Discharge by cancelation and surrender
672
Discharge by accord and satisfaction
673
Discharge of persons secondarily liable
675
Notice of dishonor
676
By whom and when notice of dishonor given
677
To whom notice of dishonor given
678
Time of giving notice of dishonor
679
When notice of dishonor unnecessary
680
Waiver of notice of dishonor
681
TITLE FIVE BONDS CHAPTER XC
683
General nature and essentials of bonds
684
Parties to a bond
685
Form and contents in general
686
Execution in general
687
Effect of partial execution
688
Filling blanks
689
Acknowledging attesting and recording
690
Delivery and acceptance
691
Consideration
692
Duress fraud and mistake
693
Commonlaw bonds and their validity
694
ConstructionGeneral rules
695
Construction with respect to parties
696
Construction with respect to liability
697
Construction with respect to performance
698
Construction with respect to cancelation and rescission
699
Negotiability of bonds
700
Mode of transfer of bonds
701
Interest or title passing by transfer
702
Payment or release after assignment
703
Rights of assignee or transferee
704
Bona fide purchasers in general
705
Obligation to perform condition
707
Performance by payment
708
Breach of condition 709
709
CHAPTER XCI
711
Bonds given in legal proceedingsAttachment bondsAmount IV
712
Bonds given in legal proceedingsAttachment bondsApproval
713
Bonds given in legal proceedingsAttachmentForthcoming bonds 7 V
714
Bonds given in legal proceedingsExecutionsForthcoming bonds
715
SECTION PAGE 3530 Bonds given in legal proceedingsAppeal bonds
716
Bonds given in legal proceedingsAppeal bondsAmount
717
Bonds given in legal proceedingsBail bonds in civil actions
718
Bonds given in legal proceedingsBail bonds in criminal actions
720
Bonds given in legal proceedingsInjunction bonds
721
Bonds given in legal proceedingsAdministration bonds
723
Bonds given in legal proceedingsGuardiansbonds
726
CHAPTER XCII
728
Private indemnity bondsAgents bonds
730
Private indemnity bondsContractors bonds
731
Private indemnity bondsContractors bonds for city and other work
732
Private indemnity bondsContractors bonds for county and mu nicipal work
735
Private indemnity bondsContractors bondsThird parties
736
Private indemnity bondsExtent of contractors bonds
737
Private indemnity bondsContractors bondsRight of surety
738
Private indemnity bondsContractors bondsAgainst liens
739
Private indemnity bondsContractors bondsAgainst liensEx tent Of liability
741
Private indemnity bondsLiquor dealers bonds
742
Private indemnity bondsEmployes bonds
743
Private indemnity bondsEmployes bondsDuty of employer
745
Private indemnity bondsAuctioneers bonds
746
Private indemnity bondsAbstracters bonds
747
Private indemnity bondsBank officers bonds
749
CHAPTER XCIII
751
Municipal bondsPower to issue
752
Municipal bondsForm and mode of execution
753
Municipal bondsPrescribed mode must be followed in execution of power
754
Municipal bondsExecutionSignature
755
Municipal bondsExecutionSeal
756
Municipal bondsExecutionDate
757
Municipal bondsExecutionTo whom made payable
758
Municipal bondsExecutionPlace of payment
759
Municipal bondsExecutionTime of payment
760
SECTION PAGE 3570 Municipa bondsExecutionDenomination and amount payable
761
Municipal bondsDelivery
762
Municipal bondsNegotiability
763
Municipal bondsTransfer and sale
764
CHAPTER XCIV
766
Corporate bondsFormalities in preparation and issue
767
Corporate bondsFormalities in executionSeal
769
Corporate bondsKinds and classes
771
Corporate bondsNegotiability
772
Corporate bondsPurchasers and bona fide holders
773
Corporate bondsCoupons
775
Corporate bondsPayment
776
CHAPTER XCV
778
Official bondsDelivery approval and filing
779
Official bondsEffect of irregularities in execution of bond
780
Official bondsAlterations and forgeries
782
Official bondsEligibility and title of principal to office
783
Official bondsLiability of sureties limited to the term
784
Official bondsLiability continued after the term
785
Official bondsLiability of sureties for acts outside official duty
786
Official bondsLiability of sureties on bond of officer for illegal arrest
787
TITLE SIX BUILDING CONSTRUCTION AND WORKING CONTRACTS CHAPTER XCVI
788
SECTION PAGE 3612 The plans and drawings
792
Right on death of architect
794
Power of architect
796
Liabilities of architect to builders
799
CHAPTER XCVII
800
Bill of quantities
803
Tenders
805
CHAPTER XCVIII
808
Written contracts
810
Mutuality of contract
813
Contracts with corporations
814
Liability of infants
815
Request for bids and acceptance of bids
816
Parties to the contract
817
Delivery and recording of the contract
818
Acceptance by implication
819
Architects and superintendents certificates
820
Partperformance certificate
821
Performance to satisfaction of owner
822
Provisions for payment for labor and materials
823
Provision for arbitration
824
CHAPTER XCIX
825
Refusal to submit to arbitration
828
Distinction between award by arbitration and certificate stipulated for in the contract
829
CHAPTER C
830
Construction of particular words and phrases
833
Entire and divisible contracts
834
Joint and several contracts
836
CHAPTER CI
837
CompensationAllowance and deductions from
842
Right to rescind in general 844
846
Contract provision for termination or rescission
848
Waiver of right to rescind or annul the contract
849
Forfeiture on rescission of the contract
850
chapter
851
Contracts to sink wells
856
Entire and severable contracts
857
Substantial performance of the contractGenerally
859
Substantial performanceRecoupment and deductions
862
Substantial performanceQuestion of factGeneral rule and tests
864
Substantial performanceIllustrative cases
865
Deviations and departures from sample or original contract
867
Part performance and recovery on the quantum meruit
870
Part performanceCompletion prevented by ownerQuantum meruit
873
Part performanceIllustrative cases
877
Performance prevented by destruction of the premises
880
Performance becoming impossible
885
Illegal contracts
887
Merger
909
Time of performanceReasonable time
912
Extension of time for performance
917
Waiver of time limit
920
Time words
922
Waiver by extension of time
923
Effect of extras and alterations as to time
925
Other excuses for delays
926
Abandonment of work by contractor
927
Completion of structure or work by owner
928
Certificate a condition precedent
933
When final certificate not required
939
Waiver of architects certificate
941
When payment must be made
942
Liability for compensation
946
PaymentsHow made
949
Enforcement of payment
950
CHAPTER CV
953
What constitutes extras
954
Special stipulations as to extras
956
Price of building named in contractEffect of tenders
960
Extras independent of the contract
961
Extras impliedly authorized
963
Valuing extra work
964
Authority of architect or engineer to order extras
965
Liability for extras
966
Right of contractor to perform extra work
970
CHAPTER CVI
972
Specific performance sometimes granted
974
Building contracts not usually enforced
976
LIQUIDATED DAMAGES PENALTIES AND FORFEITURES 3765 Penalties generally
980
Distinction
982
Forfeitures generally
983
Instances and effect of penalties
984
Instances of liquidated damages
985
Instances and effect of forfeitures
986
Enforcement on breach of contract
987
Measure of damages
988
CHAPTER CVIII
991
Effect of insolvency or bankruptcy of party
993
CHAPTER CIX
995
Passing of title
996
Express clauses 100
1000
Buildings erected upon land of another without his authority
1001
CHAPTER CX
1002
Statutes relating to contractors bonds
1003
Failure to comply with statutes
1004
Conditions in bond affording right of action
1008
Effect of illegality of the contract
1009
Privity between beneficiaries and obligee
1010
Bonds executed to wrong obligees
1011
TITLE SEVEN DEEDS AND CONVEYANCING CHAPTER CXI
1014
Disability of infantsNo estoppel by declaration of age
1016
Disability of infantsMarried women under age
1017
Disability of infantsWho may affirm or disaffirm minority
1018
Disability of infantsWhat amounts to an affirmance
1019
Disability of infantsWhat amounts to a disaffirmance
1021
Disability of infantsRestoration of purchasemoney
1022
Disability of married womenIn general
1023
Disability of married womenConveyances between husband and wife 102S
1024
Disability of insane personsPresumption and proof regarding insanity
1026
Disability of insane personsDeed of insane persons under guardianship
1027
Disability of insane personsConfirmation and disaffirmance of deed
1028
Disability of insane personsRestoring consideration on disaffirm ance
1029
Disability from drunkenness
1030
Disability from duressIn general _
1031
Disability from duressDuress renders deed voidable only
1032
Disability from undue influenceWhat constitutes undue influence
1033
Disability from undue influenceConfidential relation of parties
1035
Disability from undue influenceRelation of parent andchild
1036
Disability from adverse possessionAt common law and under statutes
1037
Disability from adverse possessionWhat constitutes adverse pos session 103P
1039
Capacity of corporations as purchasers
1040
Capacity of aliens to purchase and convey real estate
1041
Capacity of convicts to take and convey real property
1043
CHAPTER CXII
1045
Deeds of conveyanceDefinitionsForm
1046
Distinguished from other instruments
1047
Various species classified and distinguished
1048
Designation of partiesThe grantor
1051
Designation of partiesThe grantee
1053
Partnerships as parties
1055
Corporations as parties
1056
Recitals their use and effect
1057
ConsiderationNecessity for
1059
ConsiderationWhat is a valuable consideration
1060
ConsiderationMarriage a valuable consideration
1062
ConsiderationAntecedent debt as a valuable consideration
1063
ConsiderationVoluntary conveyances
1064
ConsiderationRecital of payment of
1065
Operative words
1066
Description and boundariesGeneral considerations
1067
DescriptionCertainty required
1068
DescriptionFatal uncertainty
1069
DescriptionMonuments their controlling effect over courses and distances
1070
DescriptionStreets and highways as boundaries
1071
DescriptionTide waters on boundaries
1072
DescriptionRivers and streams as boundaries
1074
DescriptionLakes and ponds as boundaries
1075
DescriptionReference to maps and surveys
1076
Exceptions and reservationsTerms distinguished
1077
Exceptions and reservationsParticular cases
1079
Exceptions and reservationsWhether personal or appurtenant to the land
1081
The habendumOffice and effect
1083
The habendumNaming of grantee
1084
The habendumUse of word heirs in limiting estates in fee
1085
The habendumThe rule in Shelleys case
1086
The habendumEstates tail
1088
Conditions precedent and subsequentHow created
1089
Conditions precedent and subsequentConditions subsequent not favored in law
1091
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Side 617 - ... the delivery may be shown to have been conditional, or for a special purpose only, and not for the purpose of transferring the property in the instrument. But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him is conclusively presumed.
Side 603 - In order, however, that any such instrument when completed may be enforced against any person who became a party thereto prior to its completion, it must be filled up strictly in accordance with the authority given and within a reasonable time. But if any such instrument, after completion, is negotiated to a holder in due course it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up strictly in accordance with the authoritjgiven and within a reasonable...
Side 589 - The instrument is payable to order where it is drawn payable to the order of a specified person or to him or his order. It may be drawn payable to the order of — 1. A payee who is not maker, drawer, or drawee; or 2. The drawer or maker; or 3. The drawee; or 4.
Side 660 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were nonnegotiable. But a holder who derives his title through a holder in due course...
Side 671 - Where a bill has been paid for honor, all parties subsequent to the party for whose honor it is paid are discharged, but the payer for honor is subrogated for, and succeeds to, both the rights and duties of the holder as regards the party for whose honor he pays and all parties liable to the latter.
Side 593 - ... 1. At a fixed period after date or sight ; or 2. On or before a fixed or determinable future time specified therein; or 3. On or at a fixed period after the occurrence of a specified event, which is certain to happen, though the time of happening be uncertain. An instrument payable upon a contingency is not negotiable, and the happening of the event does not cure the defect.
Side 597 - Where the sum payable is expressed in words and also in figures and there is a discrepancy between the two, the sum denoted by the words is the sum payable; but if the words are ambiguous or uncertain, reference may be had to the figures to fix the amount; 2.
Side 660 - A holder in due course holds the instrument free from any defect of title of prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable thereon.
Side 650 - An instrument is payable on demand — 1. Where it is expressed to be payable on demand, or at sight, or on presentation; or 2. In which no time for payment is expressed. Where an instrument is issued, accepted, or indorsed when overdue, it is, as regards the person so issuing, accepting, or indorsing it, payable on demand.
Side 679 - When any party is dead, and his death is known to the party giving notice, the notice must be given to a personal representative, if there be one, and if with reasonable diligence he can be found. If there be no personal representative, notice may be sent to the last residence or last place of business of the deceased.

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