A Treatise on the Law of Principal and Agent: Chiefly with Reference to Mercantile TransactionsBanks, Gould & Company, 1847 - 685 страница |
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... allowed to re- tain it ; but must account to his principal for the whole , notwithstanding that he bore the risk of failure . ( b ) But though every excess of authority is at the hazard of the agent , the principal , by taking the ...
... allowed to re- tain it ; but must account to his principal for the whole , notwithstanding that he bore the risk of failure . ( b ) But though every excess of authority is at the hazard of the agent , the principal , by taking the ...
Страница 7
... allowed to a mate of a vessel in lieu of wages , and lost upon the voyage . The court held , that as the mate could not have recovered against the underwriters if the policy had been effected , he could not have a larger remedy against ...
... allowed to a mate of a vessel in lieu of wages , and lost upon the voyage . The court held , that as the mate could not have recovered against the underwriters if the policy had been effected , he could not have a larger remedy against ...
Страница 10
... allowed where both parties refer their title back to the same de- rivative source . The following is an instance : -Upon the death of a land- lord , the tenant , in ignorance of the rights of the parties , attorned and paid rent to ...
... allowed where both parties refer their title back to the same de- rivative source . The following is an instance : -Upon the death of a land- lord , the tenant , in ignorance of the rights of the parties , attorned and paid rent to ...
Страница 13
... allowed to stand for the former . Williams v . Piggott , id . 598. So , in Jenkins v . Gould , 3 Russ . 385 , 393 , the Lord Chancellor said ; " Mr. Gould [ the defendant ] had stood in the confidential situation of solicitor , agent ...
... allowed to stand for the former . Williams v . Piggott , id . 598. So , in Jenkins v . Gould , 3 Russ . 385 , 393 , the Lord Chancellor said ; " Mr. Gould [ the defendant ] had stood in the confidential situation of solicitor , agent ...
Страница 13
... allowed a usurious interest : during the period of ten years , Prior and the defendant , from time to time came to a settlement of their accounts , and Prior gave his bonds and further securities for the balance of principal and ...
... allowed a usurious interest : during the period of ten years , Prior and the defendant , from time to time came to a settlement of their accounts , and Prior gave his bonds and further securities for the balance of principal and ...
Чести термини и фразе
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
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Страница 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...
Страница 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...
Страница 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.
Страница 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.
Страница 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.
Страница 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...
Страница 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.
Страница 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...
Страница 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.
Страница 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...