A Treatise on the Law of Principal and Agent: Chiefly with Reference to Mercantile Transactions |
From inside the book
Results 1-5 of 96
Page 12
... dealing with his cestui que trust ; but then , he is subject to the onus of proving that he did not avail himself of his confidential relation to the in- jury of his client . See cases cited post , 35 , n . ( m . ) Although the ...
... dealing with his cestui que trust ; but then , he is subject to the onus of proving that he did not avail himself of his confidential relation to the in- jury of his client . See cases cited post , 35 , n . ( m . ) Although the ...
Page 14
... dealing as a trader on his own account , but it only operates as a prohibition sub modo , that is , it imposes upon him a penalty in the event of his tra ding . But if in any transaction in which he is really engaged as a principal , he ...
... dealing as a trader on his own account , but it only operates as a prohibition sub modo , that is , it imposes upon him a penalty in the event of his tra ding . But if in any transaction in which he is really engaged as a principal , he ...
Page 15
... dealing . It may differ in different parts of the country ; it may have powers more or less extensive in one place than in another ; what is the nature of its powers and duties , in any instance , is a question of fact , and is to be ...
... dealing . It may differ in different parts of the country ; it may have powers more or less extensive in one place than in another ; what is the nature of its powers and duties , in any instance , is a question of fact , and is to be ...
Page 17
... dealing between the principal and agent is such , that the latter has been used to effect insu- rances , by directions of the former , he is bound to comply with an order to insure , though he has [ have ] no effects in bill of exchange ...
... dealing between the principal and agent is such , that the latter has been used to effect insu- rances , by directions of the former , he is bound to comply with an order to insure , though he has [ have ] no effects in bill of exchange ...
Page 18
... dealing . ( i ) But if he have effects in hand , he cannot in any case refuse to comply with the order . ( k ) Or if the bills of lading from which his authority is derived contain an order to insure , this is an implied condition which ...
... dealing . ( i ) But if he have effects in hand , he cannot in any case refuse to comply with the order . ( k ) Or if the bills of lading from which his authority is derived contain an order to insure , this is an implied condition which ...
Common terms and phrases
action agency agent agreement amount appears appointed assignees assumpsit attorney authority Bank banker bankrupt bankruptcy bill of exchange bill of lading bind bound broker Campb cestui que trust charge circumstances cited claim commission common law consigned consignee consignor contract corporation court court of equity Cowen creditors debt deed defendant delivered doctrine duty East employed employer endorsement entitled equity evidence executed executor fact factor fraud given held illegal implied interest Johns judgment jury Kent's Comm latter liable lien Lord Eldon Lord Ellenborough Lord Mansfield master ment merchant notice opinion owner paid Paige partner partnership party payment plaintiff pledge possession power of attorney principal purchase purpose question received recover rule says seal sell servant ship sold statute statute of frauds Story's Taunt third person tion transaction usage vessel Wend
Popular passages
Page 82 - That if any bankrupt, at the time he becomes bankrupt, shall, by the consent and permission of the true owner thereof, have in his possession, order, or disposition, any goods or chattels whereof he was reputed owner...
Page 410 - Document of title to goods" includes any bill of lading, dock warrant, warehouse receipt or order for the delivery of goods, or any other document used in the ordinary course of business...
Page 185 - We hold it to be clear, that the interest which can protect a power after the death of a person who creates it, must be an interest in the thing itself. In other words, the power must be engrafted on an estate in the thing. The words themselves should seem to import this meaning. 'A power coupled with an interest,' is a power which accompanies, or is connected with, an interest.
Page 296 - These are perils which the servant is as likely to know, and against which he can as effectually guard, as the master. They are perils incident to the service, and which can be as distinctly foreseen and provided for in the rate of compensation as any others.
Page 160 - No estate or interest in lands, other than leases for a term not exceeding one year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed, or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing.
Page 99 - E respectively, every such offender shall be guilty of a misdemeanor; and, being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for any term not exceeding fourteen years, nor less than seven years, or to suffer such other punishment by fine or imprisonment, or by both, as the Court shall award...
Page 160 - Every contract for the sale of any goods, chattels or things in action, for the price of fifty dollars or more, shall be void, unless, 1. A note or memorandum of such contract, be made in writing and be subscribed by the parties to be charged thereby : or, — 2.
Page 376 - It does not deny, that it is binding on those, whom, on the face of it, it purports to bind ; but shows, that it also binds another, by reason, that the act of the agent, in signing the agreement, in pursuance of his authority, is, in law, the act of the...
Page 160 - In the following cases every agreement shall be void, unless such agreement, or some note or memorandum thereof, be in writing, and subscribed by the party to be charged therewith : First. Every agreement that, by its terms is not to be performed within one year from the making thereof.
Page 296 - The master, in the case supposed, is not exempt from liability, because the servant has better means of providing for his safety, when he is employed in immediate connection with those from whose negligence he might suffer ; but because the implied contract of the master does not extend to indemnify the servant against the negligence of any one but himself...