A Treatise on the Law of Personal Property, Τόμος 1

Εξώφυλλο
Little, Brown & Company, 1896
 

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Chattels Real Chattels Personal and Chattels of a Mixed Description to be considered in Order
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 etc
27
26 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
35 Assignment of Lease Operation of Law
41
Underletting distinguished from Assignment
43
Modes of terminating a Tenancy
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
CHAPTER III
52
46 Significance of the Word Personal in this Connection
53
4 Corporeal Chattels first to be considered next Chattels In corporeal
54
Offspring of Domestic Animals how owned
62
Property in a Person or Corpse
63
Money a Corporeal Chattel Personal
65
Ships and Vessels are Corporeal Chattels Personal
66
CivilLaw Distinctions among Movable Things
67
Debts Claims Demands etc
68
61 Bank Deposits considered General or Special Deposit
69
Legacies and Distributive Shares
70
Patent Rights and Copyrights
71
Insurance Policies
72
Incorporeal Personal Chattel Right to be distinguished from Evidence of Right
73
Bills and Notes Checks etc
75
Bonds and Other Instruments for the Payment of Money
76
PERSONAL CHATTELS CORPOREAL AND INCORPOREAL CONTRASTED 71 Leading Distinctions betweeen Corporeal and Incorporeal Chattel...
78
73 Assignment the Subject continued Old Rule of Law
79
74 Assignment the Subject continued Rule of Equity
80
75 Assignment the Subject continued Modern Fusion of Equity and CommonLaw Doctrines
83
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
The Subject continued what an Assignment confers
95
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
Negotiable Instruments excepted from the Old Rule of As signment
102
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
CHAPTER V
112
95 96 Heirlooms their Nature and Incidents 113
113
Heirlooms Doctrine as to Wild Animals
115
Heirlooms Doctrine as to TitleDeeds Keys etc
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
103 Emblements Annual Crops fit for Harvest
122
105 Doctrine of Emblements Labor upon Crop required
123
Doctrine of Emblements Unexpected Termination of Ten ancy without Fault
125
Doctrine of Emblements Right of taking how exercised etc
128
Emblements etc as concerns Mortgagees and Lien Claim ants
130
Emblements in the Civil Law
131
CHAPTER VI
132
Character of the Annexation to Land
134
Modern Tests with Reference to Fixtures
136
115 Slight or Constructive Annexation
139
a Purposes of Improvement Pecuniary Considerations etc
140
117 General Conclusion as to determining the Right to take away
141
Situation of Contending Parties Various Classes
142
Right to remove Fixtures as between Heir and Executor
143
Right to remove Fixtures as between LifeTenant and Re mainderMan etc
145
121 122 Right to remove Fixtures as between Landlord and Tenant 146
146
Right to remove Fixtures as between Vendor and Vendee
152
a Secret Arrangements Subsequent Parties without Notice
154
Right of Fixtures as between Personal Representative and Devisee
155
Right of Fixtures in Miscellaneous Instances
156
Liability to repair Damages caused by removing Fixtures
158
a Rights of Action etc in General
159
Various Examples as to Things which might appear Real or Personal Turpentine Sap Peat etc
160
Various Examples continued Pews Organs Church Fur niture etc
161
Character of Property as Real or Personal Doctrine of Equitable Conversion
162
CHAPTER VII
163
135 General Doctrine of Interests Immediate or Expectant
164
As to Personal Property Interests Immediate or Expect ant
166
Expectant Interests in Personalty under a Will
167
Expectant Interests created in Personalty by Deed of Trust etc
168
Exception as to Perishable Chattels
169
Use by the Party in Immediate Interest
171
Rule applied to Animals
172
144 Income and Capital LifeTenant and RemainderMan
176
Rule against Perpetuities
177
147 Limits to Accumulations of Income Thellusson Act
180
Real and Personal compared as to Estates Tail
182
Real and Personal compared as to Contingent Remainders
184
Real and Personal compared as to Reversionary Interests ISO 151 Real and Personal compared as to Conditional Devise or Bequest
187
Death of Life Beneficiary Presumptions
188
CHAPTER VIII
189
Owners in Severalty Joint and Common Owners
190
Joint Ownership under a Will
193
Joint Executors Trustees etc
194
Joint Ownership how construed etc
195
Severance of Joint Ownership
196
162 The Same Subject Special Exceptions
199
Remedies of Joint and Common Owners against Third
202
a The Same Subject Partition in Equity
209
172 The Same Subject Purposes and Scope of Partnership
216
Modern Legislation affecting Partnership Liability to
230
Right of Partner to bind the Firm as to the Public
236
Liability of Firm for Fraud etc of Partner
243
Dissolution and Change of a Partnership how effected
245
General Conclusions as to the Ownership of Personal Prop
252
Limited Partnership Business how conducted
258
PartOwnership in Ships or Vessels its Nature
264
Miscellaneous Points as to Rights of PartOwners inter e
271
CHAPTER XI
278
How Private Corporations are created Charter Legislative
284
ByLaws of a Private Corporation
296
Power to hold Real Estate Statutes of Mortmain
302
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
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
Usury consists in Actual Taking
361
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
CHAPTER XIII
373
292 293 Growth of International Jurisprudence Works of Publicists etc on this Subject 374
374
Conflict of Laws as affecting Property Laws as to Person and Property distinguished
376
International Distinctions between Things Real and Per sonal
377
Fluctuations of the Rule as concerns Personal Property
378
Distinction between Real and Personal regards Property in its Legal Character
380
The Subject concluded whether Lex Situs shall prevail
382
PART III
385
The Ship a Peculiar Chattel
386
Title to a Ship and Modes of Transfer
387
The Same Subject Policy of Registration License and Enrolment
390
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
311 The Same Subject Masters Rights and Duties
395
312313 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 404406
404
321 General Ship the Subject continued Bills of Lading
407
Transportation of Passengers by Water
410
323 324 Letting of Vessel on CharterParty 411
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 425
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
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
Title of Bona Fide
458
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
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
401 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
How the Contract of Pledge becomes extinguished Exten sion etc
535
CHAPTER VI
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
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 require
550
Want of Delivery as a Badge of Fraud
557
Mortgagee8 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
Rules applicable to Accommodation Paper
600
Effect of certifying a Check
609
Warehouse Receipts whether Negotiable
618
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
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 Righto 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
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
551 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 SHAKES
727
Rights and Duties of Partners as between themselves 243

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Σελίδα 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.
Σελίδα 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...
Σελίδα 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...
Σελίδα 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.
Σελίδα 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...
Σελίδα 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...
Σελίδα 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.
Σελίδα 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...
Σελίδα 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...
Σελίδα 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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