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PREFACE.

“THE commercial, equally with other branches of the common law, grew up out of personal usage, and the principle of growth or adaptation to the wants of the commercial world, remain inherent in the system.” Estimating the importance of this book with reference to the amount of property afloat in the shape of bills, notes, and checks, the magnitude of our shipping interests, the complexity of our business in all its branches, there never has been a time when it called for greater accuracy and discrimination, or invited the attention of mer. chants and professional men with motives of equal urgency.

The New York Journal of Commerce," for more than a quarter of a century, has been the recognized authority throughout this broad land, in commercial matters viewed in the most comprehensive sense of the term. Among the departments of this journal, its editor, David M. Stone, Esq., has for many years devoted one or more columns daily, owing to the demands of many thousand subscribers, to answering the questions of these subscribers on the important and every-day usages and principles employed in every known business of the civilized world. From these columns known as “ Replies and Decisions," we have selected with great care and with the combined judgment of a lawyer and of a business man, those which are in vogue to day and of vital importance to every business man as well as to those who have relations with business men, particularly the lawyer.

The selections comprehending the usages and principles in practice in the numberless branches of business, are arranged alphabetically, according to the subject-matter, and under their appropriate heads and subdivisions, together with a careful index alphabetically arranged and subdivided, so as to enable the most indifferent reader to find the question or subject-matter desired, giving the number of the page, and the number of the question on the page. We have avoided repetition of matter, and presented the “ Replies and Decisions," as they appeared in “The Journal of Commerce," and hence disclaim any originality for the subject matter. Our selections from the files of “The New York Journal of Commerce," are taken for a number of years sufficient to embrace the many heads or subject-matter as appear in the table of contents. They contain the usage, principles, and authorities, and are free from technical language save where technical terms are absolutely necessary, and so as to be understood by every one. This book will by no means rank among commercial law books, for it does not con. tain the principle or the theoretical basis of such a work, and it is far from its province. It is the actual, applied and every-day usage of commerce which makes this an essential work of reference for every man in business, and applicable to all the states throughout the union, for it is the common law, and wheresoever the statutes of a particular state govern the question, the name of the state is given in the body of the book, as well as in the index. Where the matter should appear under more than one head in the index, it is cross-indexed, so as to insure its being readily found as well as to avoid repetition in the body of the book. The arrangement of the subject-matter, including the classification of topics and a complete index of every, question, will be found to be highly practical in its simplicity.

From the encouragement given by bankers, exporters and import. ers, manufacturers, and lawyers, to this undertaking, it is to be hoped that this compilation may be of great and general use to the business and professional men throughout the United States.

CHARLES PUTZEL,

H. A. BÄHR. NEW YORK, JULY, 1881.

TABLE OF CONTENTS.

297

343

Page.

PAGE.

ASSIGNMENTS, . . . . 9|INFANTS, . . . . . 248

ATTACHMENTS,

11 INSOLVENCY, . . . . 249

BANKS, NATIONAL, STATE, AND INSURANCE, FIRE, LIFE, AND

SAVINGS, . .

MARINE, . . . . 257

BILLS OF EXCHANGE, .

46 INTEREST,.

278

BILLS OF LADING, . . 52 INTERNAL REVENUE AND L

BOOKKEEPING, . .

60 CENSE, . . . . 285

BROKERS AND BROKERAGE, 63 INTESTACY, . .

. 289

CARRIERS, COMMON, . .

72 JUDGMENTS AND EXECUTIONS,. 291

CHECKS, . • • •

89 LANDLORD AND TENANT, .


.

CITY AUTHORITIES, .

107 LEASES, . . . . . 315

Coin, WEIGHTS AND MEASURES, 109 (LOANS, . . . . . 320

COLLATERALS, . . . . 110 MARRIAGE, . . . . 321

COLLECTION, . . . . 114 | MARRIED WOMEN, . . . 323

COMMERCIAL TERMS, . . 126 MISCELLANEOUS,

. 325

CONSIGNMENT AND COMMISSION MORTGAGES, CHATTEL, REAL, .

ACCOUNTS, . . . . 135 NATURALIZATION, . . . 359

CONTRACTS, . . . . 152 NEGLIGENCE, . . . . 360

CORPORATIONS, .

156 | NOTES, . . . .

361

CUSTOM HOUSE AND Post OF-

PARTNERSHIP, .

FICE, . .

170 PATENTS AND COPYRIGHT, 415

DEBTS, . . . . . 175 POWER OF ATTORNEY, .. 419

DEEDS, . . . . . 179 PRINCIPAL AND AGENT, .

DIVORCE, . . . . . 182 REAL PROPERTY, . . 437

DRAFTS, . . . . . 185 RECEIPTS, . . . . 450

EMPLOYER AND EMPLOYEE (see RECEIVERS, .

Principal and Agent).

SELLER AND PURCHASER, . 451

EXECUTIONS (see Judgments).

SETTLEMENT OF ACCOUNTS, 484

EXECUTORS AND ADMINISTRA SHIPPING, . . . .

487

TORS, . . . . 207 | STATUTE OF LIMITATIONS, 518

EXPORTS AND IMPORTS, . 221 SURETIES, • .

523

FREIGHT, .. . .

. 222 | TAXATION,

GIFTS,

227 | TELEGRAPH, . ..

534

GUARANTY,

228 TRADEMARKS,

537

GUARDIAN,

233 TRESPASS, . .

539

HEIRS AND LEGATEES, . . 235 | TRUSTEES, .

640

HOMESTEAD, . . . . 241 USURY,

543

HUSBAND AND WIFE . .243 WAREHOUSE, . . . . 545

TWILLS, . . . . . 647

.......

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TO THE READER.

In the back part of this volume is a full alphabetical Index
of the 1,383 cases contained in the work.

Any particular case can be easily found by looking in the
Index under the appropriate head and then referring to the
number of the question and number of the page as given.

viii

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