Business law for business men: a reference book showing the laws of California for daily use in business affairs (Google eBook)

Front Cover
A.J. Bledsoe, 1903 - Commercial law - 480 pages
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Contents

Termination of Contracts
34
Interpretation of Contracts
35
Printed and Written Parts of Contract
36
Agreement to Sell Real Property
37
Where Delivery Must Be Made
38
Right to Inspect Goods before Acceptance
39
STOPPAGE IN TRANSIT Section 32 When Seller or Consignor May Stop Goods in Transit
41
Resale of Personal Property
42
WARRANTY OF PERSONAL PROPERTY PAHS Section 35 Warranty of Title
43
Manufacturers Warranty against Defects
44
Warranty of Provisions for Domestic Use
45
When Auction Sale Is Complete
46
Frauds upon the Buyer
47
Deposit for Exchange
48
STORAGE OF PERSONAL PROPERTY Section 54 Storage
49
FACE
50
When Warehouse Receipt Is Not Negotiable
51
Liability of Warehouseman
52
Warehousemans Liability for Loss by Fire
53
Exemption from Liability in Certain Cases
55
What Property Must Be Deposited in the Safe
56
Liability of Hotel Boardinghouse and Lodginghouse Keepers for Loss by Fire
57
Liability of Hotel Boardinghouse and Lodginghouse Keepers for Loss by Theft
58
Lien of Hotel Boardinghouse and Lodginghouse Keeper on Baggage and Other Property
59
Statement of Charges etc to be Posted by Hotel Boardinghouse and Lodginghouse Keepers
60
Section 72 Defrauding Hotel Keepers
61
When Verbal Lease May Be Made
62
When Lessee May Make Repairs
63
Renewal of Lease
64
When Rent Is Payable
65
How Notice to Quit Must Be Served
66
Tenant Must Deliver Notice Served on Him
67
Obligations of the Employee
68
Termination of Employment
69
MASTER AND SERVANT Section 92 Who Is a Servant
70
When Servant May Be Discharged
71
Authority of Agent
72
What Included in Authority to Sell Real Estate
73
Agent Cannot Have Authority to Defraud Principal
74
Agents Actual Authority
75
Ratification of Agents Acts
76
How Agency Is Created
77
Obligations of Agents to Third Persons
79
Termination of Agency j
80
WHOLESALERS AGENTS Section in Traveling Agents
81
Collections by Traveling Agent
82
Failure to Ship Goods
83
Wholesalers Repudiation of Agency
84
MANUFACTURERS AGENTS Section 121 Manufacturers Agent to Buy or Sell
86
Agent Selling Goods out of Manufacture
88
Sale of Property When Manufactured
89
Pledge of Consigned Property
90
Cannot Extend Credit
91
In Whose Name Insurance May Be Put
92
May Sell in His Own Name
93
Must Not Mix Goods with Anothers
94
Exception Where Sale Made in Presence of Parties
95
Right of Agent to Commissions When Property With drawn from Sale
96
What Is Sufficient Authority from Corporation
97
Ratification of Unauthorized Employment by Cor poration
98
Failure of Sale by Defective Title
101
What Is Good Title
102
Sale by Owner through Another Agent
103
What Constitutes a Sale by Owner
104
Liability of Agent under Contract to Sell for Speci fied Amount
105
Agents Mistake as to Title
106
Repudiation of Contract by Vendor
107
What Constitutes Finding a Purchaser
108
Amount of Commissions
109
When Owner Must Return Money Paid on Contract
112
Power of Attorney to Agent to Make Deed
113
Agents Knowledge of Title
114
Commissions out of Purchase Money
115
Purchase by Agent from Principal
116
Authority of Agent Making Lease for Term Longer than One Year
117
FIRE INSURANCE CONTRACT PACK Section ig6 Contract between the Parties
118
Designation of Parties
119
Measure of Interest in Property
120
Insurance without Interest Illegal
121
The Policy of Insurance
123
Open and Valued Policies
124
Certain Warranties
125
Preliminary Proofs of Loss
126
Alteration Increasing Risk
127
Falsity of Material Representations by Insured
128
Statements as to Valuations
129
Right of Arbitration
130
Waiver of Condition as to Prepayment of Premium
131
Insurance of Unoccupied Building
132
Rules for Interpreting Contract of Insurance
133
Time When Policy Takes Effect
135
Contract of Reinsurance Effect of Prior Loss
136
Provision as to Bringing Suit
138
Liability of Heir for Premium
139
FIRE INSURANCE AGENTS Section 239 Appointment and Authority of Agents
140
Brokers or Agents
141
Agent Waiving Forfeiture
142
Authority of Local Agent
143
Oral Waiver of Indorsement by Local Agent
144
Fraud of Agent Disobedience of Instructions
145
Authority of Special Agent
146
Unauthorized Contract of Local Agent
147
BUILDING CONTRACTS Section 256 Contract Must Be in Writing
148
Time of Payments
149
Materials Furnished Contractor Exempt from Execu tion
150
Reference to Plans and Specifications in Contract
155
When Contract Wholly Void
156
Building Contract Where Price Does Not Exceed One Thousand Dollars
157
Notice to Owner
158
Agreement as to Extra Work
159
Contract Providing for Arbitration
160
Invalid Memorandum
161
Owner Not Liable for Damages on Unrecorded Contract
163
MECHANICS LIENS Section 284 The Persons Entitled to Liens
164
Advance Payments Do Not Affect Lien
165
What Interest in the Land Subject to the Lien
166
Effect of Mechanics Lien
167
Fee for Recording Owners Notice
168
Occupation or Use of Building Equivalent to Com pletion
169
When Suit Must Be Commenced to Foreclose Lien
170
Measure of Recovery by Contractor
171
Lien May Be Waived and Personal Action Brought
172
Conspiracy between Owner and Contractor
173
Allowance of Interest
174
When Contractor Not Entitled to Lien 17s Section 317 Deduction by Owner of Amount of Foreclosed Lien
175
Notice by Materialman to Trustees of State Insti tution
176
Time of Filing Claims of Subcontractors
177
No Lien against a Public Building
179
Elevator Part of Building
180
Dwellinghouse Land Subject to Lien
181
Real or Reputed Owner
182
Duty of Owner upon Receiving Notice of Material mans Claim
183
Materials Must Be Expressly Furnished for Structure Charged with Lien
184
Architects Lien
185
Architect Has No Lien against Monument in Public Park
186
Payments Made on Architects Certificate
187
Architects Plans Part of Contract
188
Liability of Architect for Negligence
189
Liability for Disclosing Intention of Owner
190
Preferred Claims for Wages and Salaries against Estates
191
VENDORS LIEN Section 358 Lien of Seller of Real Property
192
Lien of Seller of Personal Property
193
Section 363Vi Defrauding Livery Stable Keepers
194
Lien for Pasturing Horses or Stock
195
Officers Lien
196
When Suit Must Be Commenced to Foreclose Lien
197
Undertaking an Attachment
198
Proceeds of Sale Distributed Pro Rata
199
Claim to be Filed
200
Attachment as Security
201
Breach of Warranty of Title
202
Breach of Warranty of Title to Personal Property
203
Damages for Breach of Other Contracts
204
PARTNERSHIP Section 398 What Constitutes a Partnership
205
Formation of Partnership
206
Possession of Partnership Property
207
Application of Partnership Property to Payment of Debts
208
What Is Partnership Property
209
Liability of Partners to Account
211
Renunciation of Partnership
212
Power of Majority of Partners
213
What Partner Cannot Do
214
Partner Engaging in Other Business
215
Doing Business under Fictitious Name
216
Certified Statement of Special Partnership
217
Rights of Special Partners
218
Profits and Losses in Mining Partnership
219
Liability of Mining Partners
220
New Member of Mining Partnership
221
Duration of Partnership
222
Partial Dissolution of Partnership
223
Notice of Dissolution of Partnership
229
Winding up the Partnership Affairs
230
SURVEYS OF LAND Section 436 Public and Private Land Surveys
231
Government Survey Accepted and Approved Is Fixed and Unchangeable
232
Field Notes and Maps
233
Townships 23s Section 443 Sections
235
Principal Meridians and Base Lines
236
Township Corners
237
Section Corners
238
Quarter Section Corners
239
Meander Corners
240
Government Lines and Corners Must Control
241
Proportionate Measurements
242
Instructions from the General Land Office
243
Manual of United States Surveying
245
Monuments Control Courses and Distances
246
DIVISION FENCES Section 462 Fences on the Line
247
Calaveras County Fence Law Same as in Alameda
256
Colusa County Partition Fence
257
Colusa County Manner of Constructing Partition Fences
258
Contra Costa County Fence Law Same as in Amador
259
El Dorado County Trespass of Animals
260
Inyo County Fence Law Same as in Alameda
261
Mariposa County Fence Law Same as in Alameda
262
Modoc County Division Fences
263
Modoc County Construction of Division Fence
264
Monterey County Fence Law Same as in Alameda
265
Napa County Repair of Division Fences
266
Riverside County Fence Law Same as in Alameda
267
Section 526a San Luis Obispo County Fence Law Same as in Amador
268
San Mateo County Manner of Constructing Fences
269
Santa Barbara County Fence Law Same as in Amador
270
Sonoma County Posts Used for Fences
271
Sonoma County Land Bordering on Highway
272
Trinity County Trespasses by Animals
273
RIGHTS AND LIABILITIES OF PROFESSIONAL MEN PHYSICIANS AND SURGEONS Section 552 Duty of Physician and Surgeon
274
Liability for Injury to Patient
275
Failure to Use Proper Appliances
276
Liability for Abandoning Case
277
Liability for Negligence in Case of Gratuitous Service
278
Burden of Proof in Suit for Damages
279
Board of Medical Examiners
280
Evidence in Trials for Practicing without License
282
Cases of Emergency
283
Physicians as Expert Witnesses
285
Privileged Communications Generally
286
County Physicians
287
Compensation of Dentists
288
Compensation of Oculists
289
Authority of Attorney
290
RIGHTS AND LIABILITIES OF PROFESSIONAL MEN TEACHERS IN THE PUBLIC SCHOOLS Section 584 Male and Female Teachers
291
Election for Life
292
Contract with Teacher
294
Duty of Teachers
295
Duty to Teach Principles of Morality
296
Admission of Chinese Children
297
SEARCHERS OF RECORD Section 596 Abstracts of Title
298
Liability of Searchers of Record
299
Liability for Mistake
300
Omitting Judgment and Sale
301
Incorrect Report of Quantity of Land Conveyed
302
Bond of Notary
303
Liability of Sureties on Official Bond
304
Premature Protest of Promissory Note
305
Notary Cannot Amend Certificate
306
Notarys Knowledge of Party Acknowledging Instru ment
307
Party Introduced to Notary
308
Misappropriation of Moneys
309
CARRIERS OF FREIGHT Section 620 Freight and Freightage
310
Obligations of Carrier When Freight Not Delivered
311
Number of Bills of Lading
312
Carrier Exonerated by Delivery
313
Freight Carried Farther Than Agreed
314
General Liability of Common Carriers for Loss
315
Liability for Delay
316
LETTERS OF CREDIT Section 637 What Is a Letter of Credit
317
Letter of Credit May Be a Continuing Guaranty
318
BILLS OF EXCHANGE Section 645 Nature of Bills of Exchange
319
Bill in Parts of a Set
320
Acceptance Must Be in Writing
321
When Acceptance May Be Canceled
322
Presentment for Payment
323
Foreign Bills
324
Damages Allowed on Dishonor of Bill of Exchange
325
ASSIGNMENT FOR BENEFIT OF CREDITORS Section 659 Assignment by Insolvent Debtor
326
What Is Insolvency
328
Inventory to be Made by Debtor
329
Effect of Failure to Record Assignment
330
Property Exempt from Assignment
331
Creditor Holding Mortgage or Pledge
332
PART II
333
Open and Current Account
334
When Mutual Account Outlaws
335
Interest on Stated Account
336
Assignee May Sue in His Own Name
337
What Debtor May Set Off against Assigned Account
338
Ratification of Agents Acts
339
Suit in Justice Court on Bills and Accounts
340
Attachment of Debtors Property in Suit to Collect Account
341
Taking Goods for Creditors Claims
342
Notes and Mortgages PROMISSORY NOTES PACE Section 704 What Is a Promissory Note
343
Note Made by Minor
344
Note Made to Minor
345
Note Made to Married Woman
346
Note Made to Corporation
349
Must Be for a Certain Specified Amount
350
Time of Payment
351
Place of Payment
352
How Must Be Signed by Maker
353
Name of Person to Whom Note Is Payable
354
Note Payable to Order of Maker
355
Section 733Joint Note
357
Form of Joint Note and Several Note
358
Legal Rate of Interest
359
When Outlawed Note Is Renewed
360
Indorsement of Negotiable Note
361
General Indorsement
362
Sect on 761 When Notice of Dishonor Must Be Given
368
Sect on 777 Mortgage Not Recorded Good between Parties
374
Rules Which Apply to Chattel Mortgages
381
In What Court Suit Must Be Brought to Foreclose Mortgage
386
Costs of Foreclosure
387
Assignment of Certificate of Sale
388
The Sheriffs Deed
389
Deficiency Judgment
390
Who Must Pay for Improvements Made during Fore closure Proceedings
391
Excuse for Not Presenting Claim in Time
392
Foreclosure of Mortgage Payable in Instalments
393
Liability of Partners on Partnership Note
394
PART IV
395
What Property Can Be Attached
396
Mortgaged Property May Be Attached
400
Creditor Attaching Personal Property Must Pay Mortgage
401
Money Due as Salary to Public Officer
402
Attachment of Partnership Property
403
JUDGMENTS AND EXECUTIONS PACE Section 835 Judgments
404
Judgment Lien on Property in Another County
405
Exemption Must Be Claimed by Debtor
406
PART V
407
Who May Make a Will
408
Kinds of Wills
409
Form of Olographic Will
411
Gifts to Subscribing Witnesses
412
Share of Child Born after the Will
413
Children of Devisee
414
PART VI
416
Form of Notice
417
Proceedings When Owner Does Not Appear
418
Sale by Constable
419
PART VII
420
Who May Form a Corporation
421
Number of Signers
423
Filing of Articles of Incorporation
424
Limit of Corporate Existence
425
Amendment of Articles of Incorporation
426
Change of Place of Business
427
Capital Stock
428
Subscription for Stock
429
Transfer of Stock Held by NonResident
430
Void Certificates
431
When Corporation Can Not Claim Its Own Stock Invalid
432
Seal of Corporation
433
Corporation Must Keep within Object of Its Creation
434
When Corporation Bound by Its Own Invalid Act
435
Section go8 Notice to Corporation
436
Assignment of Accounts
437
What Is a Corporation De Facto
438
Denial That a Corporation Exists
439
Motives of Stockholder in Making Examination of Books
440
Section 919 Remedy of Stockholder when Inspection of Books Is Refused
441
Liability of Member Where There Is No Capital Stock
442
When Liability Not Released by Subsequent Transfer
443
Stockholder May Sue Other Stockholders
444
When Liability of Stockholder Is Satisfied
445
Holding Property in Other Counties
446
Increase of Capital Stock
447
Certificate of Increase or Decrease of Capital Stock
448
Paper in Which Notices Must Be Published
449
Order Levying Assessment
450
Form of Notice of Assessment
451
Form of Notice of Sale
452
Who Are Liable on Assessments
453
Purchase of Delinquent Stock by the Corporation
454
Suit to Recover Amount of Assessment
455
ByLaws of Corporation
456
Book of ByLaws
457
Repealing Old and Adopting New ByLaws
458
Qualification of Directors
459
Who May Vote at Election of Directors
460
Who May Vote Pledged Stock
461
Who May Vote Stock Belonging to Minor
462
Organization of Board of Directors
463
Regular and Special Meetings
465
Services of Director Outside of His Duties as Such
467
Authority of President
468
Dividends
469
Removal of Directors from Office
470
Dissolution of Corporation
471
False Reports
472
General Powers of Corporation
473
Laws Applying to Particular Corporations
474
cReserve Fund
475
Transfer of Stock in Mining Corporations
480
Copyright

Common terms and phrases

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Page 413 - When any testator omits to provide in his will for any of his children, or for the issue of any deceased child...
Page 405 - ... all the real property of the judgment debtor not exempt from execution in such county, owned by him at the time, or which he may afterward, and before the lien expires, acquire.
Page 409 - A holographic will is one that is entirely written, dated and signed by the hand of the testator himself. It is subject to no other form, and may be made in or out of this state, and need not be witnessed.
Page 138 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.
Page 72 - An agency is ostensible when the principal intentionally, or by want of ordinary care, causes a third person to believe another to be his agent who is not really employed by him.
Page 414 - ... the testator, such issue shall take the estate so given by the will, in the same manner...
Page 64 - A hiring of lodgings or a dwellinghouse for an unspecified term is presumed to have been made for such length of time as the parties adopt for the estimation of the rent. Thus a hiring at a monthly rate of rent is presumed to be for one month. In the absence of any agreement respecting the length of time or the rent, the hiring is presumed to be monthly.
Page 399 - ... building or other improvement, such materials shall not be subject to attachment, execution or other legal process to enforce any debt due by the purchaser of such materials, except a debt due for the purchase money thereof, so long as in good faith the same are about to be applied to the construction, alteration or repair of such building, mining claim or other improvement.
Page 37 - In the following cases the agreement is void unless the same, or some note or memorandum thereof, expressing the consideration, be in writing and subscribed by the party to be charged...
Page 30 - ... 1. An agreement that by its terms is not to be performed within a year from the making thereof; "2. A special promise to answer for the debt, default, or miscarriage of another, except in the cases provided for in Section 2794 of the Civil Code; "3. An agreement made upon consideration of marriage, other than a mutual promise to marry; "4.

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