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McMaster's Commercial Decisions Affecting the Banker and Merchant ..., Volum 11
James Smith McMaster
Uten tilgangsbegrensning - 1908
McMaster's Commercial Decisions Affecting the Banker and Merchant ..., Volum 7
James Smith McMaster
Uten tilgangsbegrensning - 1904
McMaster's Commercial Decisions Affecting the Banker and Merchant ..., Volum 10
James Smith McMaster
Uten tilgangsbegrensning - 1907
accepted accord and satisfaction action affirmed agent agreed agreement alleged amount appellant appellee applied assignment authority bill of lading BILLS AND NOTES Buffalo buyer cash chattel mortgage claim common carrier condition contract corporation creditors damages Damek debt Decision deed of trust defendant defendant's delivered delivery deposit depositor draft error estoppel evidence executed fact fraud Furnace held holder Howell county indorsement insolvent interest judgment jury land liability loss lumber maker maturity ment mortgage National Bank negligence Negotiable Instruments notice owner paid parties payable payee payment person piano plaintiff plaintiff in error possession present principal promissory note purchase question railroad company reasonable receipt received recover rendered rule sell seller Starr Piano Company statute stipulation subrogation suit supra Supreme Court sureties thereof tion transaction transfer trial Union Iron Company Vaughan
Side cv - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large.
Side 145 - Where there is a contract for the sale of unascertained or future goods by description, and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer, or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer. Such assent may be expressed or implied, and may be given either before or after the appropriation is made.
Side xcvii - An instrument is payable at a determinable future time, within the meaning of this act, which is expressed to be payable 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 147 - Act, where goods are sold by a person who is not the owner thereof, and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the seller's authority to sell.
Side cxciv - ... although it is to be paid 1. With interest; or 2. By stated installments; or 3. By stated installments, with a provision that upon default in payment of any installment or of interest the whole shall become due; or 4. With exchange, whether at a fixed rate, or at the current rate; or 5. With costs of collection or an attorney's fee, in case payment shall not be made at maturity.
Side xcix - An instrument which contains an order or promise to do any act in addition to the payment of money is not negotiable.
Side 159 - A person is insolvent within the meaning of this act who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due, whether he has committed an act of bankruptcy or not, and whether he is insolvent within the meaning of the federal bankruptcy law or not. (4) Goods are in a "deliverable state...
Side 151 - ... it depends in each case on the terms of the contract and the circumstances of the case, whether the breach of contract is so material as to justify the injured party in refusing to proceed further and suing for damages for breach of the entire contract, or whether the breach is severable, giving rise to a claim for compensation but not to a right to treat the whole contract as broken.
Side 486 - But this question is not left to mere reason; the people have in express terms decided it by saying, "this Constitution and the laws of the United States, which shall be made in pursuance thereof shall be the supreme law of the land...
Side 145 - Where there is an unconditional contract for the sale of specific goods in a deliverable state the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment or the time of delivery, or both, be postponed.