Rights, Remedies, and Practice, at Law, in Equity, and Under the Codes: A Treatise on American Law in Civil Causes, with a Digest of Illustrative Cases

Εξώφυλλο
Bancroft-Whitney Company, 1890
 

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Περιεχόμενα

Contract made before issuance of policy
3496
Payment of premium as condition precedent
3498
Acceptance by agent subject to approval by insarer 2047 Delivery of policy What constitutes
3502
Countersigning by agent Indorsements on policy in general
3503
Cancellation of policy
3505
Daration of risk When it commences and terminates Renewals
3507
Warranties
3510
What papers are part of contract
3512
Warranties are strictly construed 2054 Written matter prevails over printed words
3515
Representations In general 2056 Representations must be material
3516
Matters of opinion
3517
Subsequent change immaterial
3518
Statutes as to warranties and representations
3520
Concealment
3521
What facts need not be disclosed
3522
What facts must be disclosed 2063 Conditions of policies Notice of change of circumstances 2064 Notice of change of circumstances required Req...
3523
2092 Remedies of insured against insurer
3562
Remedies against officers and agents of company 2094 Remedies of insurer against insured
3568
CHAPTER XCIX
3570
LIFE INSURANCE 2128 8 2121 Who may insure 2122 Insured may make any one the beneficiary 2123 Construction of words and phrases in app...
3631
Death by the hands of justice
3647
Death in the violation of the law 2133 Death while in military service War and rebellion Belliger ent forces 2134 Death resulting from intempera...
3649
Restrictions on residence and travel
3651
Amount of recovery
3652
ACCIDENT INSURANCE
3662
CHAPTER CII
3672
MARINE INSURANCE
3682
Measure of recovery Valuation conclusive 2194 Partial loss 2195 Profits 2196 Open policy Value of ship How estimated 8 2197 Open policy Va...
3683
When risk on goods commences and ends
3688
What insured bound and what not bound to disclose
3694
Deviation Delay
3700
CHAPTER CIV
3725
Against birth of issue
3728
CHAPTER CV
3729
CONTRACTS
3741
Consideration necessary to make valid contract What is a consid
3761
Construction of covenants
3853
Representation to person having knowledge or means of knowledge
3937
Representation as to one of several matters
3938
WARRANTIES AND REPRESENTATIONS
3950
Exception Article sold for a specific purpose
3961
Sale of goods by sample
3967
INSANITY AND INTOXICATION
3980
Contracts violating principles of law void generally
3987
Forbearance or extension of time 2461 Substituted or new securities 2462 Usurious interest may be recovered backSetoff 2463 Penalties also recov...
4054
THE DISCHARGE OF THE CONTRACT CHAPTER CXVII
4096
Release of principal discharges surety
4110
Discharge by new agreement Other cases
4111
Guaranty of performance of duties 8 2485 When surety not discharged
4113
CHAPTER CXVIII
4117
CHAPTER CXIX
4166
TENDER
4180
CHAPTER CXXI
4195
able
4201
Voluntary payment of anothers debt
4214
Money paid under mistake of fact
4223
Aliter where agreement is executed
4227
CHAPTER CXXII
4233
CHAPTER CXXIII
4245
THE REMEDIES FOR BREACH OF THE CONTRACT 25832643
4250
CHAPTER CXXV
4284
THE ASSIGNMENT OF THE CONTRACT 26442667
4326
Assignment of part of demand
4333
THE FORMATION OF THE CONTRACT
4351
Agreement Intentions must be expressed
iv
Consideration obtained by fraud
v
Impossibility at time of contract not known to either party 2519 Impossibility at time of contract known to one party only
vi
Subsequent impossibility of performance Promisor not discharged 2521 Exceptions Promisor discharged 2522 Performance rendered impossible b...
vii
Contracts unlimited as to space but limited as to time
x
Nonforfeiture policies 2138 Assignment of policy Change of beneficiaries 2139 To person having no interest
xiii
Constructive total loss
xiv
Interest is by contract or as damages
xv
Joint and several contracts
xvi

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Δημοφιλή αποσπάσματα

Σελίδα 4171 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Σελίδα 3582 - And it is further provided in the policy that, "if the interest of the assured in the property be any other than the entire, unconditional, and sole ownership of the property, for the use and benefit of the assured...
Σελίδα 4170 - And this difference was taken, that where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him.
Σελίδα 3646 - If the assured, being in the possession of his ordinary reasoning faculties, from anger, pride, jealousy or a desire to escape from the ills of life, intentionally takes his own life, the proviso attaches, and there can be no recovery. If the death is caused by the voluntary act of the assured, he knowing and intending that his death shall be the result of his act, but when his reasoning faculties are so far impaired that he is not able to understand the moral character, the general nature, consequences...
Σελίδα 4173 - ... that excuse is by law implied, because from the nature of the contract it is apparent that the parties contracted on the basis of the continued existence of the particular person or chattel.
Σελίδα 3635 - It shall be lawful for any married woman, by herself, and in her name, or in the name of any third person, with his assent as her trustee, to cause to be insured, for her sole use, the life of her husband...
Σελίδα 4216 - To constitute the coercion or duress which will be regarded as sufficient to make the payment involuntary, * * * there must be some actual or threatened exercise of power possessed, or believed to be possessed, by the party exacting or receiving the payment over the person or property of another, from which the latter has no other means of immediate relief than by making the payment.
Σελίδα 3883 - The construction of all written instruments belongs to the Court alone, whose duty it is to construe all such instruments, as soon as the true meaning of the words in which they are couched, and the surrounding circumstances, if any, have been ascertained as facts by the jury : and it is the duty of the jury to take the construction from the Court, either absolutely, if there be no words to be construed as words of art, or phrases used in commerce, and no surrounding circumstances to be ascertained;...
Σελίδα 3517 - Company that the foregoing is a just, full and true exposition of all the facts and circumstances in regard to the condition, situation, value and risk of the property to be insured, so far as the same are known to the applicant and are material. to the risk...
Σελίδα 3617 - The policy, besides providing that this company shall not be liable "for any loss caused by the explosion of gunpowder or any explosive substance, nor by lightning or explosions of any kind, unless fire ensues, and then for the loss or damage by fire only...

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