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, Τόμος 5

Εξώφυλλο
Bancroft-Whitney Company, 1890
 

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Περιεχόμενα

Concealment
3521
Payment of preminm
3529
Taking premium note Effect
3530
Nonpayment of premium note or interest thereon
3531
Time of payment
3533
What is and what is not an excuse for nonpayment of premium 2073 Waiver of forfeiture In general
3534
Waiver of forfeiture By usage 2075 Notice of lossTime within which it must be given Notice in general
3535
Mode
3537
By whom and to whom given
3538
Notice may be waived
3539
Preliminary proofs In general
3540
Preliminary proofs Time and mode of furnishing 2081 Waiver of preliminary proofs
3542
Particular account of loss Requisites
3545
Effect of fraud or mistake in preliminary proofs 2084 Limitation of tint on policy As to time 2085 As to place 2086 Waiver of conditions
3552
Agreements to refer to arbitration
3553
Waiver of estoppel In general 20S9 Negligence of insured as a defense
3556
Fraud or misconduct of insured as a defense 2091 Remedy of insurer or insured against third party causing loss Subrogation
3559
2092 Remedies of insured against insurer
3562
Remedies against officers and agents of company 2094 Remedies of insurer against insured
3568
CHAPTER XCIX
3570
Title Applicant need not set
3576
Unless required by policy
3577
Construction of different words and phrases as to title
3578
Encumbrance What is and what is not
3582
Overvaluation Overinsurance 2101 Conditions and stipulations in policy Increase of risk
3584
What is and what is not an increase of risk
3588
Alterations Repairs
3589
Occupancy of premises Vacant and unoccupied 2105 Other prohibitions as to use of premises
3597
Customary use of insured premises impliedly allowed 2107 Alienation In general
3603
2108 What is and what is not an alienation
3605
Transfer Change of title
3608
Levy of execution 2111 What property is covered by risk Construction of words and phrases in policies as to 2112 Property contained in a building
3611
Loss or damage by fire What is within the term Explosions
3613
Invasion MobsUsurped power
3617
2115 Fallen buildings
3618
Amount of recovery
3619
Consequential damages or losses not recoverable 2118 Right of insurer to rebuild or replace the property
3624
Fire policies not assignable
3626
Consent of insurer
3629
LIFE INSURANCE 2121 Who may insure 2122 Insured may make any one the beneficiary 2123 Construction of words and phrases in application...
3631
As to habits
3639
Family physician Usual medical attendant 2126 Representations as to
3642
As to relationship 2128 As to occupation 2129 Deaths for which insurer not liable In general
3643
Suicide Effect of insanity
3645
Death by the hands of justice
3647
Death resulting from intemperance
3649
Restrictions on residence and travel
3651
Amount of recovery
3652
ACCIDENT INSURANCE 2140 Accident insurance What is accident t 2141 Traveling Alighting 2142 Disease Poison
3662
Contributory negligence not a defense
3667
Change of occupation Increase of risk 2145 Disabilities Total disability
3670
MUTUAL INSURANCE 2146 Status of mutual insurance companies Stock and assets of 2147 Preminm notes Stock notes Security notes
3672
Liability of members In general
3674
For assessments on preminm notes 2150 Power of company to make assessments Mode
3678
CHAPTER CHI MARINE INSURANCE 2152 Marine insurance dennedThe contract 2153 Insurable interestWho
3682
2154 Freight Meaning of Insurance
3685
When risk on ship commences and ends
3687
When risk on goods commences and ends
3688
Marine insurance covers only sea perils 2158 What property not covered by policy
3689
Insurance against capture 2160 Barratry
3690
Construction of policyMeaning of words
3691
Contract of marine insurance construed by usage 2163 Meaning of words in policy explained by usage
3692
Concealment Effect
3693
What insured bound and what not bound to disclose
3694
RepresentationsWarranties
3695
Representation may be implied
3696
Warranty of seaworthiness
3698
Warranty of nentrality 2170 Deviation Delay
3700
When deviation excused
3701
Actual total loss
3703
Constructive total loss 2174 Reshipping cargo Liabilities of insurer
3704
Insurance free from average Memorandum articles
3705
Abandonment denned When permitted 2177 Fifty per cent damage How estimated
3708
Sale by master
3709
Capture or detention by hostile force Embargo 2180 Abandonment of cargo
3710
Freight Total and constructive loss Abandonment 2182 Must be unconditional and entire 2183 At what time made
3712
Notice of abandonment
3713
Acceptance of abandonment 2186 Not defeated by subsequent events
3714
Effect of abandonment Assureds interest passes to insurer
3715
As to freight 2189 Insured agents become insurers agents 2190 Waiver of abandonment
3716
Rights of owner omitting to abandon 2192 Liability of insurer refusing to accept
3717
Measure of recovery Valuation conclusive 8 2194 Partial loss
3718
Profits 2196 Open policy Value of ship How estimated
3719
Open policy Value of cargo How estimated 2198 Open policy Value of freight How estimated 2199 Cargo arriving damaged 2200 Insurer liable...
3721
General average Contribution
3722
One third new for
3724
CHAPTER CIV
3725
Titles 2206 Insurance of animals
3726
2207 Storms Hail
3727
Against birth of issue
3728
CHAPTER CV
3729
To accept notice
3731
Waiver of conditions in policy
3732
Agents of mutual insurance companies
3733
Powers of local or special agents 2217 Of subagents and clerks
3734
Agent is agent for insurer 2219 Liability of insurer for misrepresentations of agents
3736
CONTRACTS
3741
THE FORMATION OF THE CONTRACT CHAPTER CVI
3743
Agreement Intentions must be expressed
3744
Promise defined Promissory expressions not binding
3745
Representations when binding 2225 Representations on which another acts Estoppel
3747
2226 Warranty denned 2227 When representations are not warranties 2228 Contracts by letter 2229 Offer and acceptance essential to contract
3748
Offer to unascertained person Rewards
3749
Offer must be accepted as made Variance
3752
Acceptance must be communicated 2233 Acceptance by post or telegraph
3754
How long offer continues
3755
Revocation of offer 2236 Revocation by letter by post 2237 Revocation of acceptance 2238 Revocation of offer by death
3757
Effect of refusal of offer 2240 Offer not assignable 2241 At what time is contract considered made 2242 At what place is contract considered made...
3758
Consideration necessary to make valid contract What is a consid eration 2245 Exceptions Contracts under seal and negotiable paper
3761
Adequacy of consideration immaterial
3767
In equity
3769
Good and valuable consideration distinguished 2249 Moral obligation insufficient
3770
Promise to do what party is already legally bound to do insufficient
3772
Payment of part of debt Compromise Exceptions 2252 Compositions between debtor and creditors Requisites of 2253 Forbearance to
3778
Incurring legal liability for another
3779
Marriage as a consideration 2256 Consideration partly void
3780
Consideration is either executed or executory 2258 Past consideration insufficient 2259 Aliter where there is a previous request
3781
Money paid upon request
3782
Services rendered without request No liability to pay 2262 Exceptions 2263 Consideration obtained by fraud
3783
Failure of consideration 2265 Partial failure of consideration
3784
CHAPTER CVIII
3785
Deeds of release and quitclaim
3787
Parties The grantor
3790
PartiesThe grantee
3791
Signing and sealing
3793
Attesting witnesses when required
3795
Acknowledgment of deeds In general
3797
Who may take Who may make
3798
Requisites construction and effect of certificate 2275 Deeds executed in blank
3801
Delivery and acceptance Date
3803
Escrows
3817
Registration of deeds Requisites
3820
Notice by registration of instrument
3822
Effect of errors of recording officer
3834
Cancellation of deeds and other instruments
3874
CHAPTER CIX
3880
CHAPTER CX
3887
Contracts not to be performed within a year
3899
Goods wares and merchandise of the value of fifty dollars
3904
Earnest or part payment of purchasemoney
3907
Requisites of memorandum
3908
Must show parties Promise and consideration 2330 Must be signed by party charged Mode of signing
3914
Acceptance or receipt of goods
3915
Delivery to carrier or other agent
3919
Constructive delivery Goods already in possession of buyer 2334 Same Goods remaining in possession of seller 2335 Part or portion of goods onl...
3922
CHAPTER CXI
3924
Mistake of both parties
3927
Mistake of one party caused by the other S 2341 Mistake as to matters of
3928
False representations in general
3929
Misrepresentation of matter of law 2344 False representation of intention 2345 Matters of opinion
3930
Concealment or nondisclosure of material fact
3931
Nondisclosure of latent defect
3932
Nondisclosure of patent defect 2349 Sale with all faults 2350 Nondisclosure by purchaser
3933
Representation believed to be true
3934
Representation not known to be true
3935
Contracts violating injunctions of statutes void generally
3991
Contracts violating foreign laws 2395 Influencing or interfering with government or legislature or public officers
3993
Sale of public officesSalaries of public officers 2397 Influencing public justiceCompounding offenses
3998
Agreements in fraud of the bankruptcy laws
4000
Agreements in fraud of creditors
4001
Maintenance and champerty
4002
Conflict in the American courts
4004
Contracts unlimited as to space but limited as to time
4011
Contracts limited as to space but unlimited as to time
4012
Other cases in which an unlimited or partial restraint is valid
4014
Restraint may be partially void and partially valid
4017
What is breach of contract
4018
Combinations of workmen
4020
Combinations of employers and traders
4021
Contracts entered into on Sunday void
4025
Contracts partly executed on Sunday
4029
Negotiable paperBona fide holder
4030
Ratification of contract made on Sunday 2415 Judicial acts performed on Sunday void
4031
Ministerial acts valid I 2417 Traveling on Sunday
4032
Hiring horses on Sunday
4034
Works of necessity or charity
4035
Wagers not illegal at common law By statute 2421 Recovery from stakeholder
4039
Recovery from other party 2423 Securities given for gaming debts
4041
Gambling contracts Option contracts
4042
Contracts in restraint of marriage void 2426 Restrictions on marriage in gifts and wills
4045
Marriage brokage contracts void 2428 Immoral and criminal contracts
4046
Agreement good on its face but for illegal purpose 2430 Participation in illegal purpose necessary
4048
Effect of illegality on agreement
4050
Promises partly illegal 2433 Illegality occurring subsequent to making of contract
4052
CHAPTER CXVI
4054
Jury may award interest as damages
4055
Interest payable by usage 2437 Interest when allowed
4056
At what time interest commences to
4059
Interest on judgments
4062
Statutory interest
4063
Trustees executors and partners
4064
Rate of interest after maturity
4068
Compound interest
4069
Interest how lost or suspended
4070
Payments made on accountHow interest calculated and applied 2446 Usury Statutory provisions as
4073
Intent to take illegal interest essential Mistake
4075
Lending and borrowing of money essential
4076
Sales of land or chattels
4077
Sales of choses in action 2451 Usury by corporations
4079
Devices to cover usuryForm of contract not regarded
4080
Bonuses or commissions 2454 Agent receiving bonus or illegal interest When principal bound
4082
Negotiable paper Bona fide holder
4083
Bank discounts and exchange 2457 Where loan or undertaking is hazardous
4084
Penalties for failure to pay at maturity Attorneys
4085
Forbearance or extension of time
4086
Substituted or new securities
4087
Usurious interest may be recovered back Setoff
4089
Penalties also recoverable 2464 Relief in equity
4090
Who may plead usury
4091
Waiver by borrower Estoppel
4093
Usury must be pleaded Form of plea 2468 Evidence to support plea
4094
THE DISCHARGE OF THE CONTRACT CHAPTER CXVIL ALTERATION OF INSTRUMENTS 2469 Alteration of instruments generally Effect o...
4096
Alteration by a stranger
4098
Alteration before execution or delivery 2472 Alteration by accident or mistake 2473 Alteration by consent Ratification
4099
In bonds
4102
In negotiable paper
4103
In insurance policies
4106
Filling blanks in instruments Negligence of maker
4107
Presumptions as to alterations Burden of proof
4108
Recovery upon original consideration
4109
Effect of an alteration upon sureties 2482 Release of principal discharges surety
4110
Discharge by new agreement Other cases
4111
Guaranty of performance of duties S 2485 When surety not discharged
4113
CHAPTER CXVIII
4117
Substantial performance when permitted
4119
Performance as to quantity on sale of goods or property
4120
About More or less
4121
Performance as to quality of goods
4122
Grounds for Insolvency defined
4128
Time not of essence of contract in equity
4138
CHAPTER CXX
4180
At what time and place tender most be made 2531 In what money must tender be made
4188
Amount of tender 2533 Tender made on condition
4189
Waiver of tender or of defects
4192
CHAPTER CXXI
4195
Payment of less than sum due 2537 Payment by giving negotiable note or other security
4197
Payment of negotiable paper 2539 Payment in forged invalid or worthless notes
4200
Payment by check
4202
Payment by post
4203
Payment by setting off crossitems 2543 Receipt Effect of as evidence of payment
4204
Payment to or by joint creditors or debtors
4205
Appropriation of paymentsBy debtor 2546 Intention may be inferred
4207
Appropriation by the creditor
4208
Appropriation by the
4211
Implied contracts Money paid for the use of another 2550 Compulsory payment of anothers debt
4213
Voluntary payment of anothers debt 2552 Money received to the use of another 2553 Money obtained by fraud or wrong
4214
Money obtained by compulsion or duress
4216
Money paid to protect life or goods
4217
Money paid to protect real property 2557 Compulsion of legal process
4219
Illegal fees paid to public officer S 2559 Mere voluntary payment
4221
Necessity of protest at time of payment I 2561 Money paid under mistake of fact
4223
Money paid under executory illegal contract may be recovered back
4226
CHAPTER CXXII
4233
Form of and requisites of release
4240
THE REMEDIES FOR BREACH OF
4250
Contracts for sale of lands i 2590 Contracts for sale of chattels
4256
Contracts for sale of stock or bonds 2592 Contracts to leave property by will 2593 When delivery of specific chattels decreed
4258
When there is a trust 2595 Contracts for personal services 2596 Contracts to build or perform work
4260
Sale of goodwill of business
4261
Partnership agreements
4262
Contracts to be performed in foreign country 2600 Decreeing specific performance discretionary with ceurt 2601 Grounds for refusing specific per...
4263
Want of jurisdiction over plaintiff Want of mutuality 2603 Incapacity of plaintiff 2604 Default of plaintiff in performance
4265
Incapacity of defendant
4267
Performance hard on defendant
4269
Contracts without consideration Inadequacy
4270
Contracts incomplete or uncertain 2609 When decree would be useless 2610 Specific performance with compensation for deficiencies
4274
Compensation on decree against purchaser
4275
Compensation on decree against vendor
4276
Specific performance with indemnity 2614 Statute of frauds Part performance
4277
Delay and laches
4281
CHAPTER CXXV
4284
Measure of damages ordinarily on breach ot contract 2619 Remote damages not recoverable
4286
Intention of parties 2621 Damages for injuries to feelings
4288
For personal inconvenience 2623 Future and probable losses Profits
4289
Assessment of damages conclusive Subsequent damages for same cause not recoverable
4292
Exception New cause of action
4293
For not accepting goods
4294
Against seller for not delivering goods
4295
Where goods are bought for specific purpose
4297
For breach of warranty generally
4299
For breach of description 2634 Against carrier for default or delay in carriage of goods 2635 In carriage of passenger
4306
Contracts for sale of land Damages in action by seller 2637 Damages in action by purchaser
4308
Measure of damages in other cases of breach of contract
4311
Liquidated damages on contracts 2640 Penalties on contracts 2641 Damage on bonds restricted to amount of penalty 2642 Alitor as to other instru...
4317
THE ASSIGNMENT OF THE CONTRACT CHAPTER CXXVI
4326
Assignments not recognized in equity Voluntary assignments 2647 Other cases
4327
Choses in action assignable by statute 2649 What things are assignable Interests in lands
4328
Chattel and other rights 2651 Judgments 2652 Things not in existence
4330
Assignment of part of demand
4333
What not assignable
4334
Form of assignments 2656 Order not communicated to payee
4337
Order on debtor to
4338
Notice of assignment necessary 2659 Form of notice
4340
Notice To whom given 5661 Assent of debtor immaterial 2662 Extent of assignment
4341
Assignee takes subject to equities
4343
Exception
4345
Liability of assignor
4346
Assignment by new agreement of all parties
4347
LICENSES CHAPTER CXXVII
4351
Implied license
4354
License personal to licensee Not assignable
4355
Revocable at will of licensor 2673 Theaters and places of public amusement
4357
License bow revoked 2675 When license not revocable
4360
Duties and liabilities of licensor and licensee 2677 Abuse of license
4362
Assignee may sue in his own name
Conditional promises Promise upon condition precedent
Expense in carrying out broken contract recoverable S 2627 Nominal damages always recoverable on breach of contract 2628 Damages on contract...
Nonforfeiture policies 2138 Assignment of policy Change of beneficiaries 2139 To person having no interest
Taking interest in advance Compound interest

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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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