A Treatise Upon Some of the General Principles of the Law: Whether of a Legal, Or of an Equitable Nature, Including Their Relations and Application to Actions and Defenses in General, Whether in Courts of Common Law, Or Courts of Equity; and Equally Adapted to Courts Governed by Codes, Band 5

Cover
W. Gould & Son, 1878
 

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Inhalt

OFFICE AND OFFICER Continued PAGE
27
Defenses
38
Recovery for injuries to child
46
PARENT AND CHILD Continued PAGE
53
CHAPTER CV
82
128
94
CHAPTER CVI
105
What acts bind the firm
126
Actions at law or in equity
145
PARTNERSHIPS Continued PAGE
146
294
148
CHAPTER CVII
156
295
160
CHAPTER CVIII
167
300
169
301
181
CHAPTER CIX
185
302
188
133
191
PRINCIPAL AND SURETY Continued PAGE
194
ments
203
Defense to sureties action
212
Of the rights of cosureties
218
Of the discharge of sureties
226
PRINCIPAL AND SURETY Continued PAGE Section 12 Negligence of creditor
238
Giving time to the principal when a discharge
239
When not a discharge
242
When a forbearance to sue is a discharge
244
Sureties assent to giving time
246
Discharge how set
247
CHAPTER CX
248
What court may grant
249
When granted
250
When refused
251
When a matter of right and when discretionary 202
253
At what time granted
254
Bar by delay
255
Who may join in
256
CHAPTER CXI
258
In what cases it lies
259
When it does not lie
260
When discretionary
261
Trying title to office
262
Usurping franchise
263
Forfeiting franchise
264
What court has jurisdiction Section 10 Within what time
266
Defenses
267
What title in issue
268
Hearing or trial
269
Costs
270
CHAPTER CXII
272
Organization of company
273
RAILROADS Continued
274
Acquiring lands for roads
284
RAILROADS Continued PAGE RAILROADS Continued Section 14 Refusal to carry passengers
323
Ejection of passengers
324
Using tracks of another road Section 17 Baggage
325
Regulations notice etc
326
Injuries to adjoining property Section 21 Injuries to employees 0
328
Injuries in crossing track
329
Injuries to stray animals
331
Connected or associated railroads Section 1 In general 3392
332
Duty to keep the road safe
334
Carriage of goods 5
335
Of horse and street railroads Section 1 In general Section 2 Using streets
337
Rules and regulations
340
Injuries to other persons
343
Contributory negligence
345
Remedies
346
Injunction
348
138
350
Receivers
351
CHAPTER CXIII
353
In what cases and over what property a receiver will be appointed
355
718
356
Corporations and associations
359
Partnership
360
Mortgages
362
Executors and trustees
364
Infants 2697
367
Tenants in common
369
Construction of will
370
RECEIVERS Continued PAGE
371
What title he takes
388
CHAPTER CXIV
395
140
396
CHAPTER CXV
419
REDEMPTION OF REAL ESTATE Continued Section 5 Who defendant Section 6 Action when to be brought
431
Assignee of mortgage Section 8 Mortgagee in possession
432
308
433
Judgment Section 11 Costs 432 433 435
435
CHAPTER CXVI
437
In what cases decreed Section 1 In general
439
REPLEVIN Continued
454
For error or mistake Section 3 For fraud Section 4 For error of scrivener Section 5 Sealed instruments Section 6 Unsealed instruments Section 7 Who...
469
4
470
co co 00 AM O O
477
CHAPTER CXVII
507
323
538
SALES Continued PAGE Section 13 Subsequent appropriation
544
Time of delivery 68
568
Place of delivery
570
Quantity delivered
571
How delivered in general
572
Delivery to third persons
573
Constructive delivery
574
Symbolic delivery illustrations of
575
By deed or bill of sale
577
By transfer of bill of lading
578
Buyers duty to accept
579
Buyers duty to pay
580
Mode of payment
581
Delivery without payment
584
At which time title passes
586
Of the statute of frauds
589
Of the value of ten pounds etc
596
What is a sufficient acceptance
598
Earnest and part payment
601
Section What is a sufficient memorandum
603
What is not a sufficient memorandum
605
Signature by the party
606
Remedies of parties
608
Action where title has passed
610
Sellers remedies against the goods
611
Resale
613
REPLEVIN
618
Lien
620
Action by buyer against seller when contract is ex ecutory
622
SALES Continued PAGE Section 9 Action when title has passed
624
Action after receiving goods
625
145
626
Rescission by seller
630
Rescission by buyer 34
632
Mutual rescission
633
Illegality at common
634
Illegality by statute
635
Rights of bona fide purchasers
637
Defense of fraud in action by seller
638
Defense of fraud in action by buyer
639
CHAPTER CXX
641
In what cases a proper remedy 642
642
On judgments between the parties
643
Against heirs devisees etc
645
Reviving decree in chancery
646
Recognizances or statutes
647
Within what time
648
Who to be plaintiff
649
Form and complaint etc
650
Defenses S
651
Plea or answer
652
Judgment
653
Costs
654
CHAPTER CXIX
655
Founded on the loss of service
656
Of replevin in general Section 1 In general
657
Action by the father
658
Action by the mother
659
Action by stepfather
660
CHAPTER CXXII
672
SALES
677
Jurisdiction
685
Bottomry and respondentia
686
Bonds by the owner
687
Duty and obligation 88
688
Bond for supplies or repairs Section 7 To whom bond may be made Section 8 Bond good in part and void in part
689
Hypothecation of freight
690
Respondentia bonds
691
Validity of bonds 892
692
Use of the ship by the owner
693
Delivery to the vessel 394
694
Liability for freight
696
Delivery of goods by the vessel
697
Forwarding in other vessels
698
Suing for nondelivery or injury to goods Section 11 Damages for breach of contract of affreightment
699
General liabilities of owner
700
Of charterparties
701
Of general average
702
Loss by perils of sea
703
Sale by master
704
Adjustment of general average
705
Cargo to contribute
706
Loss of freight or profit
707
Effect of adjustment
708
Stoppage in transitu
709
Of the seamen
721
CHAPTER CXXIII
727
SLANDER Continued PAGE SLANDER Continued
729
532
742
When the action lies
761
Of sales in general
763
What contracts may be enforced
775
SPECIFIC PERFORMANCE Continued PAGE
779
Effect of delay
810
SPECIFIC PERFORMANCE Continued PAGE
819
Article IX Decree
828
Vol V
857
When it does not
859
What title or possession will support the action Section 6 What title or possession is not sufficient
870
What property may be replevined Section 8 What property may not be replevined Section 9 When demand is necessary Section 10 When no deman...
871

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Seite 565 - Thirdly, where a known described and defined article is ordered of a manufacturer, although it is stated to be required by the purchaser for a particular purpose, still if the known, described, and defined thing be actually supplied, there is no warranty that it shall answer the particular purpose intended by the buyer.
Seite 589 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Seite 616 - Such notice may be given either to the person in actual possession of the goods or to his principal. In the latter case the notice, to be effectual, must be given at such time and under such circumstances that the principal, by the exercise of reasonable diligence, may communicate it to his servant or agent in time to prevent a delivery to the buyer.
Seite 632 - Where a party desires to rescind upon the ground of mistake or fraud he must, upon the discovery of the facts, at once announce his purpose, and adhere to It. If he be silent, and continue to treat the property as his own. he will be held to have waived the objection, and will be conclusively bound by the contract, as If the mistake or fraud had not occurred. He Is not permitted to play fast and loose. Delay and vacillation are fatal to the right which had before subsisted.
Seite 635 - Every contract made for or about any matter or thing which is prohibited and made unlawful by any statute is a void contract, though the statute itself does not mention that it shall be so, but only inflicts a penalty on the offender, because a penalty implies a prohibition, though there are no prohibitory words in the statute.
Seite 105 - A contract of two or more competent persons, to place their money, effects, labor and skill, or some or all of them, in lawful commerce or business, and to divide the profit and bear the loss in certain proportions.
Seite 589 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
Seite 590 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Seite 712 - Produce boats, fishing boats, rafts, or other water craft navigating by hand power or by the current of the river, or anchored or moored in or near the channel or fairway and not in any port, and not otherwise provided for in these rules, shall sound a fog horn, or equivalent signal at intervals of not more than one minute.
Seite 231 - It is not sufficient that he may sustain no injury by a change in the contract, or that it may even be for his benefit. He has a right to stand upon the very terms of his contract; and if he does not assent to any variation of it, and a variation is made, it is fatal.

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