A Treatise on the Law of Principal and Agent: Chiefly with Reference to Mercantile Transactions |
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Page 3
... seal ; " [ as for instance , a charter party . ] Gibbs , C. J. Gibbon v . Young , 8 Taunt . 254. " where a positive statute has declared the meaning or legal signification of a word , in reference to its use in con- tracts generally , I ...
... seal ; " [ as for instance , a charter party . ] Gibbs , C. J. Gibbon v . Young , 8 Taunt . 254. " where a positive statute has declared the meaning or legal signification of a word , in reference to its use in con- tracts generally , I ...
Page 49
... is deemed an account stated , and throws the burden of proof upon him who received and kept it without objection . Freeland v . Heron , hand and seal , and the balance received by the P. I. § 9. ] 51 DUTIES OF AGENTS .
... is deemed an account stated , and throws the burden of proof upon him who received and kept it without objection . Freeland v . Heron , hand and seal , and the balance received by the P. I. § 9. ] 51 DUTIES OF AGENTS .
Page 50
... seal , and the balance received by the principal , and even a release , he may , by application to the Court of Chancery , || on bill filed for the purpose , and proceedings according to the course of the court , be allowed to sur ...
... seal , and the balance received by the principal , and even a release , he may , by application to the Court of Chancery , || on bill filed for the purpose , and proceedings according to the course of the court , be allowed to sur ...
Page 53
... seal : a receipt , or acquittance , or covenant not to sue will not have the effect . One joint debtor may , clearly , assent to the release of the others , and still continue his own liability : and in equity , a release is not so ...
... seal : a receipt , or acquittance , or covenant not to sue will not have the effect . One joint debtor may , clearly , assent to the release of the others , and still continue his own liability : and in equity , a release is not so ...
Page 155
... seal ; but necessity required that this rule should be re- laxed , and exceptions were gradually introduced , at an early period . Where a seal is necessary to give validity to the act of an individual , the same for- mality must be ...
... seal ; but necessity required that this rule should be re- laxed , and exceptions were gradually introduced , at an early period . Where a seal is necessary to give validity to the act of an individual , the same for- mality must be ...
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...