Children. Debtor and creditor. Good faith. Notice. Actual notice. Constructive notice. Certain persons deemed to have constructive notice. SEC. 3561. The term "children," as used in this Code, includes children by birth and by adoption. N. Y. C. C., Sec. 2005. SEC. 3562. Except in Part III of this Division, every one who owes to another the performance of an obligation is called a debtor, and the one to whom he owes it is called a creditor. N. Y. C. C., Sec. 2006. SEC. 3563. Good faith consists in an honest intention to abstain from taking any unconscientious advantage of another, even through the forms or technicalities of law. together with an absence of all information or belief of facts which would render the transaction unconscientious. N. Y. C. C., Sec. 2007. SEC. 3564. Notice is either actual or constructive. SEC. 3565. Actual notice consists in express information of a fact. N. Y. C. C., Sec. 2009. SEC. 3566. Constructive notice is notice imputed by the law to a person not having actual notice. N. Y. C. C., Sec. 2010. SEC. 3567. Every person who has actual notice of cir cumstances sufficient to put a prudent man upon inquiry as to a particular fact, and who omits to make such inquiry with reasonable diligence, is deemed to have constructive notice of the fact itself. If the party who receives information of circumstances suggesting an inquiry for the principal fact, makes that inquiry with due diligence, the result must be either that he will ascertain the fact, or that he will be prevented from doing so by causes for which he is not to blame, and from which he ought not to suffer. If he ascertains it, he then has actual notice, and the doctrine of constructive notice does not apply. If, notwithstanding due diligence, he fails to ascertain it, notice ought not to be imputed to him. The Commissioners, therefore, as respects circumstances putting a person upon inquiry, have limited the doctrine of constructive notice to cases in which there is a failure to make diligent inquiry (see Foster vs. Beals, 21 N. Y., 247; Williamson vs. Brown, 15 N. Y., 354; Fassett vs. Smith, 23 N. Y., 252). The decision in Kellogg vs. Smith, 26 N. Y., 18, is put upon the ground that there was a duty of inquiry, both for the bond and the mortgage; but the inquiry made was only as to the mortgage. N. Y. C. C., Sec. 2011. impossible. SEC. 3563. A notice which is false when given, is not Notice, when made valid by the subsequent happening of the event. Griffin vs. Goff, 12 Johns., 422; Jackson vs. Richards, 2 Cai., 343. Notice that a party will perform a specified act, is, in strictness, notice of an existing intention to perform the act only. N. Y. C. C., Sec. 2012. SEC. 3569. The word "paper," as used in this Code, Paper. means any flexible material upon which it is usual to write. N. Y. C. C., Sec. 2013. SEC. 3570. The word "person," as used in this Code, Person, except when used by way of contrast, includes not only human beings, but bodies politic or corporate. SEC. 3571. N. Y. C. C., Sec. 2014. The word "several," as used in this Code Several. in relation to number, means two or more. N. Y. C. C., Sec. 2015. persons. SEC. 3572. The words "third persons," as used in this Third Code, include all who are not parties to the obligation or transaction concerning which the phrase is used. N. Y. C. C., Sec. 2016. SEC. 3573. Holidays, within the meaning of this Code, Holidays. are, every Sunday, the first day of January, the twentysecond day of February, the fourth day of July, the twenty-fifth day of December, every day on which an election is held throughout the State, and every day appointed by the President of the United States, or by the Governor of this State, for a public fast, thanksgiving or holiday. N. Y. C. C., Sec. 2017; Stats. 1851, 523; 1861, 310. SEC. 3574. If the first of January, the twenty-second Same, of February, the fourth of July, or the twenty-fifth of December, falls upon a Sunday, the Monday following is a holiday. N. Y. C. C., Sec. 2018. SEC. 3575. All other days than those mentioned in the Business last two sections are to be deemed business days, for all days. purposes. N. Y. C. C., Sec. 2019. Certain acts not to be done on holidays. Usage, what. Same, Value, Verdict. SEC. 3576. Whenever any act of a secular nature, other than a work of necessity or mercy, is appointed by law or contract to be performed upon a particular day, which day falls upon a holiday, such act may be performed upon the next business day, with the same effect as if it had been performed upon the day appointed. N. Y. C. C., Sec. 2020. SEC. 3577. Usage, within the meaning of this Code, is a reasonable and lawful public custom concerning transactions of the same nature as those which are to be af fected thereby, existing at the place where the obligation is to be performed, and either known to the parties, or so well established, general and uniform, that they must be presumed to have acted with reference thereto. Bowen vs. Stoddard, 10 Metc., 30. See Cuthbert vs. Cumming, 10 Exch., 815; aff'd, 11 id., 405. Merchants' Bank vs. Woodruff, 6 Hill, 174; Bowen vs. Newell, 8 N. Y., 190. Cuthbert vs. Cumming, 11 Exch., 408; Code La., 1961. Stewart vs. Aberdein, 4 M. & W., 211; see Sweeting vs. Pearce, 7 C. B. [N. S.], 481; Horton vs. Morgan, 19 N. Y., 170. Cuthbert vs. Cumming, 11 Exch., 405, aff'g S. C., 10 id., 809; Graves vs. Legg, 2 H. & N., 210, aff'g S. C., 11 Exch., 642; 9 id., 709. Smith vs. Wright, 1 Cai., 43; U. S. vs. Buchanan, 8 How. [U. S.], 102. Sweeting vs. Pearce, supra; Gabay vs. Lloyd, 3 B. & C., 793; Scott vs. Irving, 1 B. & Ad., 605; Todd vs. Reid, 4 B. & Ald., 210; Lewis vs. Marshall, 7 M. & G., 745; Cope vs. Dodd, 13 Penn. St., 37. U. S. vs. Buchanan, 8 How. [U. S.], 102; Cope vs. Dodd, 13 Penn. St., 33, 37; Wood vs. Wood, 1 Carr. & P., 59; Lewis vs. Marshall, supra. Hinton vs. Locke, 5 Hill, 439; U. S. vs. Buchanan, 8 How. [U. S.], 102. See Wadsworth vs Alcott, 6 N. Y., 72. N. Y. C. C., Sec. 2021. SEC. 3578. The words "usual," and "customary," as used in this Code, mean "according to usage." N. Y. C. C., Sec. 2022. SEC. 3579. A valuable consideration, within the meaning of this Code, is a thing of value parted with, or a new obligation assumed, at the time of obtaining a thing, which is a substantial compensation for that which is obtained thereby. It is also called simply "value." N. Y. C. C., Sec. 2023. SEC. 3580. The word "verdict," as used in this Code. includes not only the verdict of a jury, but also the find ing upon the facts, of a Judge, or of a Referee appointed to determine the issues in a cause. SEC. 3581. N. Y. C. C., Sec. 2024. The word "year," as used in this Code, Time. means a calendar year, and " month," a calendar month. Fractions of a year are to be computed by the number of months, thus, half a year is six months. Fractions of a day are to be disregarded in computations which include more than one day, and involve no questions of priority. SEC. 3582. N. Y. C. C., Sec. 2025. Words used in this Code in the masculine Genders. gender include the feminine, except where a contrary intention plainly appears. SEC. 3583. N. Y. C. C., Sec. 2026. Words used in this Code in the singular Numbers. number include the plural, and the plural the singular, except where a contrary intention plainly appears. SEC. 3584. N. Y. C. C., Sec. 2027. Words used in the present tense include Tense. the future, but exclude the past. N. Y. C. C., Sec. 2028. interest," SEC. 3585. The words "compound interest," as used "Compound in this Code, mean interest added to the principal as the what. former becomes due, and thereafter made to bear interest. N. Y. C. C., Sec. 2029. SEC. 3586. what. The term "signature" includes any name, "signature" mark or sign, written with intent to authenticate any instrument or writing. what. SEC. 3587. The words "writing" and "written," as "Writing," used in this Code, include "printing" and "printed," except in the case of signatures, and where the words are used by way of contrast to printing. Writing may be made in any manner, except that when a person entitled to require the execution of a writing demands that it be made with ink, it must be so made. N. Y. C. C., Sec. 2030. "Oath," what. SEC. 3588. The word "oath" includes "affirmation" " in all cases where an affirmation may be substituted for "Seal," what. "State," what. Repeal of former statutes. an oath; and in like cases the word "swear" includes the word "affirm." Every mode of oral statement under oath or affirmation is embraced by the term "testify," and every written one, in the term "depose." SEC. 3589. When the seal of a Court or public officer, or officer, is required by law to be affixed to any paper, the word "seal" includes an impression of such seal upon the paper alone, as well as upon wax or a wafer affixed thereto. SEC. 3590. The word "State," when applied to the different parts of the United States, includes the District of Columbia and the Territories, and the words "United States" may include the District and Territories. SEC. 3591. All statutes, laws and rules heretofore in force in this State, inconsistent with the provisions of this Code, are hereby repealed or abrogated; but such repeal or abrogation does not revive any former law heretofore repealed, nor does it affect any right already existing or accrued, or any proceeding already taken, except as in this Code provided. N. Y. C. C., Sec. 2033. NOTE.-Definitions and General Provisions can be better arranged after the four Codes are sectionized, printed and indexed. Provisions that are general-applicable to the four Codes should be classified and printed in each Code with the more special provisions pertaining to that particular Code. It is possible some of the definitions are duplicated in substance by appearing in the same or different form in the body of the work. Attention is called to the consideration of the subject after the indexes are prepared, or after the Codes are printed, when the matter can be examined with greater facility. |