A Treatise on the Law of Personal Property, Том 1

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Little, Brown & Company, 1896

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Pennell
459
Dennison
460
Blake o Corbett
461
Billups
463
Cackroft
466
Taber
390
Mandeville
394
Crisford
395
Blanchards Factory o Warner 231
397
Tompkins
398
Bank of Kentucky 349
401
PART I
3
Chattels Real and Chattels Personal
9
The Same Subject how Things Incorporeal become Corpo
15
Chattels Real Chattels Personal and Chattels of a Mixed
22
The Same Subject whether a Seal is Essential Effect
29
Lutley
38
Assignment of Lease Act of Parties
40
The Same Subject Notice to quit Modes
46
CHAPTER III
52
Significance of the Word Personal in this Connection
53
Corporeal Chattels first to be considered next Chattels In corporeal
54
Offspring of Domestic Animals how owned
62
Property in a Person or Corpse
63
Money a Corporeal Chattel Personal
65
Ships and Vessels are Corporeal Chattels Personal
66
CivilLaw Distinctions among Movable Things
67
Debts Claims Demands etc
68
Bank Deposits considered General or Special Deposit
69
Legacies and Distributive Shares
70
Patent Rights and Copyrights
71
Insurance Policies
72
Incorporeal Personal Chattel Right to be distinguished from Evidence of Right
73
Bills and Notes Checks etc
75
Bonds and Other Instruments for the Payment of Money
76
Holland
77
CHAPTER IV
78
Assignment the Subject continued Old Rule of Law
79
Assignment the Subject continued Rule of Equity
80
Assignment the Subject continued Modern Fusion of Equity and CommonLaw Doctrines
83
Baker
84
The Same Subject what may now be assigned
85
The Subject continued what constitutes an Assignment
86
Busfield o Wheeler
87
Rhodes
88
The Subject continued Notice of Assignment to Debtor etc
92
Benjamin
93
Hook
94
The Subject continued what an Assignment confers
95
The Subject continued Disputing Consideration etc of Assignment
96
The Subject continued Assignees Rights and Remedies
97
Winchester
98
Subject of Assignment as regulated by Statute
101
Negotiable Instruments excepted from the Old Rule of As signment
102
Indorsement as distinguished from Assignment
103
Various Classes of Negotiable Instruments considered
104
General Conclusion as to Assignment etc CivilLaw Rule
105
Rule as to Transfer of a Ship
107
As to Seizure and Attachment Chattels Corporeal and In corporeal
108
As to Husbands Marital Rights Chattels Corporeal and In corporeal
109
As to Effect of Time upon Title Statutes of Limitation
111
CHAPTER V
112
95 96 Heirlooms their Nature and Incidents 113
113
Heirlooms Doctrine as to Wild Animals
115
Heirlooms Doctrine as to TitleDeeds Keys etc
116
Heirlooms Final Observations
117
Emblements Rule as to Chattels Vegetable
118
Diverse Ownership of Soil and Products Statute of Frauds applied to Chattels Vegetable
120
Emblements Title in Chattels Vegetable transmissible by Death
121
Emblements Annual Crops fit for Harvest
122
Doctrine of Emblements Labor upon Crop required
123
Doctrine of Emblements Unexpected Termination of Ten ancy without Fault
125
Doctrine of Emblements Right of taking how exercised etc
128
Emblements etc as concerns Mortgagees and Lien Claim ants
130
Emblements in the Civil Law
131
CHAPTER VI
132
Character of the Annexation to Land
134
Holland
135
Modern Tests with Reference to Fixtures
136
Slight or Constructive Annexation
139
a Purposes of Improvement Pecuniary Considerations etc
140
General Conclusion as to determining the Right to take away
141
Situation of Contending Parties Various Classes
142
Right to remove Fixtures as between Heir and Executor
143
Right to remove Fixtures as between LifeTenant and Re mainderMan etc
145
121 122 Right to remove Fixtures as between Landlord and Tenant 146
146
Brooklyn R Matter
148
Right to remove Fixtures as between Vendor and Vendee
152
a Secret Arrangements Subsequent Parties without Notice
154
Right of Fixtures as between Personal Representative and Devisee
155
Right of Fixtures in Miscellaneous Instances
156
Liability to repair Damages caused by removing Fixtures
158
a Rights of Action etc in General
159
Various Examples as to Things which might appear Real or Personal Turpentine Sap Peat etc
160
Various Examples continued Pews Organs Church Fur niture etc
161
Character of Property as Real or Personal Doctrine of Equitable Conversion
162
CHAPTER VII
163
General Doctrine of Interests Immediate or Expectant
164
As to Personal Property Interests Immediate or Expect ant
166
Expectant Interests in Personalty under a Will
167
Expectant Interests created in Personalty by Deed of Trust etc
168
Exception as to Perishable Chattels
169
Use by the Party in Immediate Interest
171
Rule applied to Animals
172
Income and Capital LifeTenant and RemainderMan 176
176
Rule against Perpetuities
177
Limits to Accumulations of Income Thellusson Act
180
Real and Personal compared as to Estates Tail
182
Real and Personal compared as to Contingent Remainders
184
Real and Personal compared as to Reversionary Interests
186
Real and Personal compared as to Conditional Devise or Bequest
187
Death of Life Beneficiary Presumptions
188
CHAPTER VIII
189
Owners in Severalty Joint and Common Owners
190
Meredith
192
Joint Ownership under a Will
193
Joint Executors Trustees etc
194
Joint Ownership how construed etc
195
Severance of Joint Ownership
196
The Same Subject Special Exceptions
199
Remedies of Joint and Common Owners against Third
202
Catawissa R R Co v Titus 164
203
a The Same Subject Partition in Equity
209
The Same Subject Purposes and Scope of Partnership
216
Thompson
217
Modern Legislation affecting Partnership Liability to
230
McQuewan 528 530 v Chamberlin
231
Hill
232
Right of Partner to bind the Firm as to the Public
236
Newsom 400 Brainerd v Champlain Trans
237
Andrewss Will
241
Liability of Firm for Fraud etc of Partner
243
Dissolution and Change of a Partnership how effected
245
Cave
246
General Conclusions as to the Ownership of Personal Prop
252
Limited Partnership Business how conducted
258
Cayuga County Bank v Hunt 452 v Libby
260
Larkin
262
PartOwnership in Ships or Vessels its Nature
264
Frazer
269
Miscellaneous Points as to Rights of PartOwners inter se
271
Celt
272
CHAPTER XI
278
How Private Corporations are created Charter Legislative
284
Martin
286
Bedford R R Co v Bowser 490 Bill v Cureton
287
Olds
288
Baltimore R v Musselman 245 Baring v Dix
292
Duck
293
ByLaws of a Private Corporation
296
Bridgeport Spring Co 510 Bird v Bird
299
Anderson
301
Power to hold Real Estate Statutes of Mortmain
302
Gordon
307
Right to issue Negotiable Obligations
308
Breillat
341
Boston Belting Co 528 Bank
342
Rule of Interest in Partial Payments
345
Goldwyn
348
Whether Charging for Exchange is Usurious
353
McLachlan
354
Distinctions as to the Purchase and Sale of Commodities
359
Usury how to be pleaded and proved
365
Annie Lindsley
367
Bank of Alexandria v Swann 453 454
368
Booth o Campbell
369
Conflict of Laws relating to Interest and Usury
371
Conflict of Laws as affecting Property Laws as to Person and Property distinguished
376
International Distinctions between Things Real and Per sonal
377
Fluctuations of the Rule as concerns Personal Property
378
Distinction between Real and Personal regards Property in its Legal Character
380
The Subject concluded whether Lex Situs shall prevail
382
PART III
385
The Ship a Peculiar Chattel
386
Title to a Ship and Modes of Transfer
387
The Same Subject Policy of Registration License and Enrolment 390
388
The Same Subject Sale and Transfer of Title 391
388
The Same Subject what Appurtenances pass under Instru ments of Transfer 393
388
Concerning the Persons employed in and about a Ship 394
388
The Same Subject Masters Rights and Duties 395
388
Campbell
388
The Same Subject Master when specially employed 400
388
Rights and Duties of Pilots 403
388
8 319 320 The Same Subject General Ship Contract of Freight 404 406
388
407
388
Aquila
388
Transportation of Passengers by Water 410
388
323 324 Letting of Vessel on CharterParty 411 412
388
The Same Subject Time as an Essential Demurrage 414
388
CharterParties how modified how construed 417
388
Scribner
388
329 330 The Same Subject Salvage 419 423
388
331 332 Average in Maritime Losses 425 427
388
Captures Privateering Piracy etc 429
388
Jurisdiction of Courts of Admiralty 430
388
CHAPTER II
388
The Same Subject Coinage of Money 433
388
Copper etc Coins and their Uses 434
388
Money as a Standard of Value its Circulation limited 435
388
Lawful Money as contrasted with Bullion etc Legal Tender 436
388
Distinction between Corporeal and Incorporeal Personalty with Respect to Money 437
388
Coinage by Government English Money 438
388
The Same Subject American Money 439
388
Legal Tender Notes whether American Money 440
388
Northfield Bank
388
Effect of Confederate Currency 444
388
Specie and Currency distinguished 445
388
Counterfeiting Forgery and Kindred Crimes 446
388
Bills of Credit Prohibition upon States 447
388
National Banks and their Currency 448
388
Bank Notes etc How far a Legal Tender 451
388
CHAPTER III
388
Simple Chattel Incorporeal Debt defined etc 455
388
Barron v Cady
388
Morgan
388
SimpleContract Debts
388
Hart
388
Bank of Ireland v Archer
388
The Same Subject Effect of giving a Higher Security etc
472
Boardman
473
Morgan 400 411 v Western R R
475
Demands and Claims
479
Columbia Life Ins
481
Sproule
485
Whether a Particular Lien may exist irrespective of Con
486
Bank of Leavenworth v Hunt 428 v Turner
487
General Lien by Express Agreement
492
Armenia Ins Co v Paul
497
Method of enforcing a Lien
498
Bank of Tennessee v State
501
Broad Significance of Lien in Judicial Language
506
DEBTSSECURED BY PLEDGE COLLATERAL SECURITY
507
Who may pledge or receive in Pledge
513
Michigan Cent R 471 Babcock v Lawson
517
Duty of Pledgee as to taking Care of the Pledge etc
520
Freeth
521
Pledgors Right to transfer his Own Interest
526
Miscellaneous Points as to realizing the Security
532
Bouton o Am M L Ins Co 553 Brewer v Knapp
533
The Same Subject Mortgage distinguished from Sale etc
539
Ruff
542
Aetna Ins Co v Aldrich 425 441 Allhusen v Whittell
544
What does a Chattel Mortgage secure
547
Rules of Delivery Registry etc Local Statutes require
550
Bank of the State v Burton 345 v Hanson
555
Am Exch Bank
556
Want of Delivery as a Badge of Fraud
557
Aetna Nat Bank v Fourth Nat Allwood v Heywood
559
Pray
561
Mortgagees Assignment of the Mortgage
563
Mortgagee may pursue Personal Remedies against Mortgagor
569
Agawam Co v Jordan 523 530 534 Alsop v Mather
571
Principal Parties etc compared in Bills and Notes
579
Morgan
583
Presentment and Demand when made Days of Grace
587
Artisans Bank v Backus
588
Argall
599
CHAPTER VIII
603
Agra c Bank In
605
467
609
Price
614
Warehouse Receipts whether Negotiable
618
Government Loans Notes Bonds
626
The Same Subject Shares are Incorporeal Personal Prop
633
Price
634
Stock as distinguished from the Corporate Property
635
Cincinnati R R Co v Clarkson 489
641
Promoters Preliminary Subscribers etc
643
Whether a Stock Certificate may be deemed Negotiable
650
Savings Bank
652
Lusk
655
The Same Subject Sales through Brokers
657
Liabilities of a Stockholder how far liable for Corporate
663
a Rights of Stockholders on Dissolution
671
Bank of Utica v Bender
676
No Public Use for Two Years prior to the Claim
677
Priority among Conflicting Claimants of a Patent
680
The Same Subject Specifications
681
Patents how issued their Tenor
683
Caveat Surrender Reissue and Disclaimer
686
Rule as to Extension of Patents
688
Appellate Proceedings for obtaining a Patent
689
532 533 Infringement of Patents Remedies etc 690
690
Miscellaneous Points as to Patent Suits
692
Copyright Statute Protection etc
693
The Same Subject Legal Principles
694
Gimon
695
Length of Copyright Term
696
Assignment of Copyright
697
English and Foreign Patent and Copyright Laws
698
CHAPTER XI
699
a Pensions Salaries Wages etc
701
Life Insurance Modern Development as a Business
703
Contract of Life Insurance Various Forms of Policy
704
Insurable Interest in a Life
705
Assignment of Life Insurance Policies
707
548 549 Contract of Life Insurance Preliminary Questions Medical Examination 708
708
Conditions Subsequent vitiating the Policy
711
The Same Subject Manner of Death
713
When the Insurance Risk commences
715
Forfeiture through NonPayment of Premiums
716
ReInsurance Double Insurance etc
718
Time and Mode of obtaining Payment
719
Insurance against Accidents
721
557 558 Insurance on Property Fire and Marine Insurance 723
723
Miscellaneous Kinds of Insurance Guarantee etc Final Observations
726
LEGACIES AND DISTRIBUTIVE SHARES
727
Bridal
Cram
Rights and Duties of Partners as between themselves 243

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Страница 680 - The specification is a written description of the invention or discovery, and of the manner and process of making, constructing, compounding and using the same, and is required to be in such full, clear, concise and exact terms as to enable any person skilled in the art or science to which the invention or discovery appertains, or with which it is most nearly connected, to make, construct, compound and use the same.
Страница 680 - ... in such full, clear, concise, and exact terms as to enable any person skilled in the art or science to which it appertains, or with which it is most nearly connected, to make, construct, compound, and use the same ; and in case of a machine, he shall explain the principle thereof, and the best mode in which he has contemplated applying that principle, so as to distinguish it from other inventions ; and he shall particularly point out and distinctly claim the part, improvement, or combination...
Страница 673 - The act of 1870 declares that " any person who has invented or discovered any new and useful art, machine, manufacture, or composition of matter...
Страница 681 - The applicant shall make oath that he does verily believe himself to be the original and first inventor or discoverer of the art, machine, manufacture, composition, or improvement, or of the variety of plant, for which he solicits a patent; that he does not know and does not believe that the same was ever before known or used; and shall state of what country he is a citizen.
Страница 378 - It is a clear proposition, not only of the law of England, but of every country in the world where law has the semblance of science, that personal property has no locality. The meaning of that is, not that personal property has no visible locality, but that it is subject to that law which governs the person of the owner...
Страница 673 - ... not known or used by others in this country before his invention or discovery thereof, and not patented or described in any printed publication in this or any foreign country before his invention or discovery thereof...
Страница 503 - This claim or privilege travels with the thing, into whosesoever possession it may come. It is inchoate from the. moment the claim or privilege attaches, and when carried into effect by legal process, by a proceeding in rem, relates back to the period when it first attached.
Страница 693 - States or resident therein, who shall be the author, inventor, designer, or proprietor of any book, map, chart, dramatic or musical composition, engraving, cut, print, or photograph or negative thereof, or of a painting, drawing, chromo. statue, statuary, and of models or designs intended to be perfected as works of the fine arts...
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Страница 580 - Upon a review of the cases which are reported, this court is of opinion that a letter written within a reasonable time before or after the date of a bill of exchange, describing it in terms not to be mistaken, and promising to accept it, is, if shown to the person who afterwards takes the bill on the credit of the letter, a virtual acceptance binding the person who makes the promise.

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