Rights, Remedies, and Practice, at Law, in Equity, and Under the Codes: A Treatise on American Law in Civil Causes; with a Digest of Illustrative Cases, Том 5

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Bancroft-Whitney Company, 1890

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Statutes as to warranties and representations
3520
Concealment
3521
What facts need not be disclosed
3522
What facts must be disclosed 2063 Conditions of policies Notice of change of circumstances 2064 Notice of change of circumstances required Req...
3523
CHAPTER XCIX
3570
LIFE INSURANCE 8 2121 Who may insure 2122 Insured may make any one the beneficiary 2123 Construction of words and phrases in applicatio...
3631
Deaths for which insurer not liable In general
3643
Suicide Effect of insanity
3645
Death by the hands of justice
3647
Death resulting from intemperance
3649
Restrictions on residence and travel
3651
Amount of recovery
3652
Nonforfeiture policies 2138 Assignment of policy Change of beneficiaries 2139 To person having no interest
3660
ACCIDENT INSURANCE 2140 Accident insurance What is accident ? 2141 Traveling Alighting 2142 Disease Poison 2143 Contributory neglig...
3662
CHAPTER CII
3672
CHAPTER CIII
3682
Measure of recovery Valuation conclusive 2194 Partial loss 8 2195 Profits 2196 Open policy Value of ship How estimated 2197 Open policy Va...
3683
One third new for
3724
CHAPTER CIV
3725
Titles 2206 Insurance of animals
3726
Storms Hail
3727
Against birth of issue
3728
CHAPTER CV
3729
Payment of premium
3732
CONTRACTS
3741
Consideration necessary to make valid contract What is a consid eration 2245 Exceptions Contracts under seal and negotiable paper 2246 Adequac...
3761
Forbearance to
3778
Incurring legal liability for another
3779
Marriage as a consideration 2256 Consideration partly void
3780
Consideration is either executed or executory 2258 Past consideration insufficient 2259 Aliter where there is a previous request
3781
Money paid upon request
3782
Notice of unregistered deed 2281 Effect of errors of recording officer 2282 Construction of deeds 2283 Public grants Construction of 2284 Recit...
3785
What is conveyed by particular language words and phrases
3848
Reservations and exceptions
3849
Covenants in deeds In general
3851
Construction of covenants
3853
Covenant of seisin
3854
Covenant of right to convey
3856
Covenant against encumbrances
3857
Covenant for quiet enjoyment
3859
Covenant for further assurance
3861
Covenant of warranty
3862
Other covenants
3864
Covenants running with the land
3865
Measure of damages for breach of covenants
3868
Cancellation of deeds and other instruments
3874
Reformation of deeds and other instruments
3876
When relief not given
3878
CHAPTER CIX
3880
Services rendered without request No liability to pay 8 2262 Exceptions
3881
Exceptions Want of or failure of consideration 2313 Latent ambiguity
3882
Fraud duress illegality etc 2315 Construction of written contracts
3883
Intent of parties to be followed if possible
3884
INSANITY AND INTOXICATION 2388 Contract with insane person voidable 2389 Rule where insanity is unknown to other party Executed contr...
3980
THE MATTER OF THE CONTRACT CHAPTER CXV
3987
Contracts in restraint of marriage void 2426 Restrictions on marriage in gifts and wills 2427 Marriage brokage contracts void 8 2428 Immoral and c...
3988
Contracts unlimited as to space but limited as to time
4011
Contracts limited as to space but unlimited as to time
4012
Other cases in which an unlimited or partial restraint is valid
4014
Restraint may be partially void and partially valid 2408 What is breach of contract
4018
Combinations of workmen
4020
Combinations of employers and traders
4021
Contracts entered into on Sunday void
4025
Contracts partly executed on Sunday
4029
Negotiable paper Bona fide holder
4030
Ratification of contract made on Sunday 2415 Judicial acts performed on Sunday void
4031
Ministerial acts valid
4032
Traveling on Sunday
4033
Hiring horses on Sunday
4034
Forbearance or extension of time 2461 Substituted or new securities 2462 Usurious interest may be recovered back Setoff 2463 Penalties also reco...
4054
Evidence to support plean
4094
THE DISCHARGE OF THE CONTRACT CHAPTER CXVII
4096
When surety not discharged
4113
CHAPTER CXVIII
4117
CHAPTER CXIX
4166
Performance rendered impossible by act of promisor
4175
Performance rendered impossible by act of promisee
4176
Performance rendered impossible by act of the
4177
Tender defined Effect of 2527 In what actions tender may be made 2528 Who may make tender and to whom 2529 Mode of making tender 253...
4180
CHAPTER CXXI
4195
Aliter where agreement is executed
4227
Where intent of law is to protect party 2567 Accord and satisfaction What it is Effect
4228
The consideration
4231
CHAPTER CXXII
4233
CHAPTER CXXIII
4245
Merger in case of joint debtors
4249
THE REMEDIES FOR BREACH OF THE CONTRACT CHAPTER CXXIV
4250
Contracts subject to specific performanceIn general
4253
CHAPTER CXXV
4284
THE ASSIGNMENT OF THE CONTRACT
4326
Assignment of part of demand
4333
Notice of assignment necessary
4340
Liability of assignor
4346
LICENSES
4351
Promise defined Promissory expressions not binding
iv
Consideration obtained by fraud 2264 Failure of consideration 2265 Partial failure of consideration CHAPTER CVIII
v
Against person using doubtful language
vi
What is a deed Different parts of deeds 2267 Deeds of release and quitclaim
vii
Parties The grantor 2269 Parties The grantee 2270 Signing and sealing 2271 Attesting witnesses when required 2272 Acknowledgment of deeds ...
viii
Effect of illegality on agreement 2432 Promises partly illegal 2433 Illegality occurring subsequent to making of contract
x
Marine insurance defined The contract
xiii
Insurable interest Who has 2154 Freight Meaning of Insurance of 2155 When risk on ship commences and ends 2156 When risk on goods com...
xiv
Interest is by contract or as damages 2435 Jury may award interest as damages 2436 Interest payable by usage 2437 Interest when allowed 2438 A...
xv
Several contracts 2386 Joint and several contracts 2387 Test whether contract joint or joint and several
xvi
Payments made on account How interest calculated and applied 2446 UsuryStatutory provisions as to 2447 Intent to take illegal interest essential ...
xx

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Страница 4171 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Страница 3582 - And it is further provided in the policy that, "if the interest of the assured in the property be any other than the entire, unconditional, and sole ownership of the property, for the use and benefit of the assured...
Страница 4170 - And this difference was taken, that where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him.
Страница 3646 - If the assured, being in the possession of his ordinary reasoning faculties, from anger, pride, jealousy or a desire to escape from the ills of life, intentionally takes his own life, the proviso attaches, and there can be no recovery. If the death is caused by the voluntary act of the assured, he knowing and intending that his death shall be the result of his act, but when his reasoning faculties are so far impaired that he is not able to understand the moral character, the general nature, consequences...
Страница 4173 - ... that excuse is by law implied, because from the nature of the contract it is apparent that the parties contracted on the basis of the continued existence of the particular person or chattel.
Страница 3635 - It shall be lawful for any married woman, by herself, and in her name, or in the name of any third person, with his assent as her trustee, to cause to be insured, for her sole use, the life of her husband...
Страница 4216 - To constitute the coercion or duress which will be regarded as sufficient to make the payment involuntary, * * * there must be some actual or threatened exercise of power possessed, or believed to be possessed, by the party exacting or receiving the payment over the person or property of another, from which the latter has no other means of immediate relief than by making the payment.
Страница 3883 - The construction of all written instruments belongs to the Court alone, whose duty it is to construe all such instruments, as soon as the true meaning of the words in which they are couched, and the surrounding circumstances, if any, have been ascertained as facts by the jury : and it is the duty of the jury to take the construction from the Court, either absolutely, if there be no words to be construed as words of art, or phrases used in commerce, and no surrounding circumstances to be ascertained;...
Страница 3517 - Company that the foregoing is a just, full and true exposition of all the facts and circumstances in regard to the condition, situation, value and risk of the property to be insured, so far as the same are known to the applicant and are material. to the risk...
Страница 3617 - The policy, besides providing that this company shall not be liable "for any loss caused by the explosion of gunpowder or any explosive substance, nor by lightning or explosions of any kind, unless fire ensues, and then for the loss or damage by fire only...

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