A Treatise on the Law of Agency in Contract and Tort: Including Special Chapters on Attorneys at Law, Auctioneers, Bank Officers, Brokers, Factors, Insurance Agents, Traveling Salesman, Public Agents and Officers, Master and Servant, Volume 1

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Bowen-Merrill Company, 1902 - 656 páginas
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Índice

Gratuitous agencyGratuitous promise not enforceable
39
PAGE
45
348
47
Appointment and acceptance
55
What are blanksWhat may be filled inRatification of
61
41
68
Defendant may plead illegality
70
42
75
The doctrine in EnglandSupreme court of Michigan divides
76
24445
87
70
91
190
93
116
99
Wife accepting benefit of husbands contract made for
105
71
106
Giving unauthorized contract in evidence
107
Ratification by silent consent
108
Ratification after express repudiation
109
Silence when speech required
110
Relates back to time of performance of act
111
Superior equities
112
Public agentsRatification by state and general governments
113
Can third party recede?
115
The English doctrine
116
Discharge of agent from liability except in cases of tort
117
CHAPTER IV
118
By expiration of time or happening of event
119
By accomplishment of object for which agency was created
121
SECTION PAGE 158 By subsequent agreement of parties
123
Revocation may be express or implied
124
Consequences of revocationBetween principal and agent
126
When either party may terminate relation as of right
127
Consequences of dissolution as between principal and third per sonsNotice
128
Termination by act of agentRenunciation
129
How renunciation may be effected
130
Death of principalIs notice of required?
131
ExceptionWhere principal is a partnership firm
132
Death of agent
133
Insanity of principal
134
Insanity of agent
136
Insanity of one of two or more joint agents
137
Breaking out of war
138
Authority coupled with interest
139
14
140
CHAPTER V
142
Purpose of this chapter
143
What acts can not be performed for one by another
144
Exceptions to the rule
146
15
147
Express contract governsCollecting agencies
151
From what the power to appoint subagents may be inferred
152
Custom or usage
155
Custom or usage how establishedSummary of authority agent may exercise 195 196 Intention of parties Interpretation and construction of authority
157
197
159
Rules of construction
160
AmbiguityIn contracts made by agent How intention of parties is ascertained 200
162
Collateral writings when may enter into construction Interpretation as distinguished from construction
163
Construction of unwritten authorityWhat authority written or oral carries with it 203
164
Implied authority of auctioneer to pay duty on goods Execution of authority by agentManner of 209 210 211 214 Authority in writingConstruction ...
166
Contracts between agent and third person
167
Contracts in writing between agent and third person
168
Apt words required to bind principalMere descriptive words insufficient
169
Construction of simple contracts in writingIntention of parties
170
Rules applied to sealed and negotiable instruments less liberal
171
Extrinsic evidence to explain negotiable instrumentsConflict ing decisions
172
152
182
155
183
160
185
163
186
166
187
167
188
Construction from recitals and signature aloneIllustrative cases
189
173
190
DUTIES OBLIGATIONS AND LIABILITIES OF AGENT TO PRINCIPAL
199
Gratuitous bailees and bank directorsNegligenceDegrees of
204
Must obey instructions and act within scope of authority
210
Construction from recitals together with signatures headings marginal notes
215
Ambiguity in instrumentsParol evidence
216
1868
217
Illustrative cases in which parol evidence was excluded Cases holding that principal is liable in equity Construction of negotiable instruments as betwe...
219
Summary of most approved doctrine as to negotiable instru
220
In what matters agent must keep principal advised
223
ments
229
178
230
180
231
185
232
AcceptancesConstruction of indorsements 189
233
Undisclosed principalParol evidence to hold liable 191
234
SECTION PAGE 254 Compensation how measured Special contract Quantum meruit
241
Champerty and maintenance
243
Division of spoils the offensive ingredient
245
The commonlaw doctrine of champerty
246
Tendency of modern decisions toward a more liberal rule
247
Recovery on quantum meruit
250
No compensation when purpose of agency is illegal
252
Compensation by way of commissions
255
Gratuitous services
256
Services by members of common family
258
Compensation when agency is revoked
260
Doctrine of constructive services
262
Agents duty to seek other employment
263
No compensation after death or insanity of principalExcep tions
264
Renunciation of agency by agentRule as to compensation in case of
265
When agent abandons undertaking without just causeEntirety or divisibility of contractRule in equity
266
Application of equity rule in some of the states
268
Further as to severable and indivisible contracts
269
Agents right to reimbursementsManner of proving disburse ments
271
Agents right to be indemnified
273
Agent can not recover for illegal outlays
276
Agent may pay loss without waiting to be sued
277
Rights and remedies of employes of agents in cases of emergency Application of doctrine of agency by implication of law
279
Rights of unauthorized agent whose acts are subsequently rati fied
280
Remedies of agent against principal
282
Agents lien for compensation expenses etc
283
Possession essential to maintain lien
285
Who may exercise right of lien and against whom
286
Innkeepers lien
287
SECTION PAGE 292 Boardinghouse keepers have no commonlaw lien
288
Not essential that guest have title to property in order that lien may attach
289
For what supplies innkeeper may have lien
290
Nature of commonlaw lienRemedies thereunder
291
CHAPTER VIII
293
Private agent owes duty to principal only
295
General presumption that agent intended to bind principal How agent may render himself personally liable
296
Where principal is undisclosed
298
Contract by agent in behalf of nonexisting principal
301
Unincorporated associations clubs and meetings
303
Nature of action against agent in such case
304
Nature of liability of agent acting without authority
306
Agent not liable when third party knew factsDeath of prin cipalFraudulent misrepresentation of authority
307
Liability of agent for money had and received
308
Unauthorized agent not liable if principal would not have been liable
309
For Torts 312 Agents liability for torts generally
311
No defense that principal is also liable
313
Agents liability for fraud in executing principals contract
314
Agents liability for conversion
315
Agents liability on implied warranty of authority
316
No defense that agent received no benefit or acted under in structions
317
Agent of foreign principalFormer and modern rules
318
Purpose of this chapter
319
Qualification of doctrine of liability of undisclosed principal English and American cases
333
Further exceptionElection by third party
336
How question of election determined
337
Additional exceptionUndisclosed principal can not be made liable on sealed instruments
338
Liability of Principal for Agents Torts 335 Doctrine of identity the basis of principals liability
339
Principal liable for wrongful acts of agent done in course of employment
340
Liability for agents negligence
341
Sealed instrumentsHow must be executed to bind principal Illustrative cases
342
Relation of principal and agent or master and servant must exist at time tort is committed
344
Rule is applicable to corporations
346
Liability of principal for fraud of agent
347
Whether it is necessary that fraud should be for principals benefit
349
Elements requisite to bind principal
350
English doctrine adopted by federal courts
351
Principal not liable when act was result of collusion between agent and third party 350 When principal bound by admissions of agent
353
When act is within res gestae
354
Agents statements need not have been made at precise moment of occurrence of act to be of res gestae 353 Declarations of agent not admissible until ...
355
Principal bound by notice to agent
356
Notice must have been received by agent in course of agency Exceptions 356 When principal not bound by notice to agent
357
Principal bound by knowledge actually in agents mind at time of transaction
358
Rule applies to corporations 359 Notice to subagent 360 Liability of mercantile agencies for injuries resulting from false reports
359
Principal not criminally liable for crimes of agent
360
May be liable civilly for agents crimes
362
CHAPTER X
364
Under code provisions real party in interest must sueExcep tions
367
Agents right subordinated to that of principal except when ben eficially interestedAuthority coupled with interest
369
Instruments payable to cashier of bank etc
371
Undisclosed principalIndorsement in blank Defenses by third party
374
Suit by principal who has represented himself as agent for an other
375
SECTION PAGE
375
Sealed instruments
380
Money paid by mistake
381
Distinction drawn between money and other property
386
Conversion of principals property by third party
392
Admission to practice generallyTest oaths
398
353
399
SECTION PAGE 397 Educational qualificationExaminationDiploma
401
Moral character
407
Qualification as to age
408
Qualification as to sexCases holding women ineligible
409
Enabling statutesCases holding women eligible under common law
416
Race residence and citizenship
419
Requirement to serve clerkship
420
Nonresident attorneys
421
Mandamus to compel admission etc
422
License to practice
423
Duty of attorney to court
424
Further as to disbarment of attorneys
426
Practice in disbarment proceedings
427
Defenses
428
Review of proceedings
429
Attorneys Relation to His Client 415 In generalThe retainer
431
Right of attorney to appearBy whom how and when may be questioned
432
How far party bound by act of attorney
434
Duty of attorney to clientFidelityConfidential communica tions
435
Duty to exercise skill care etc Liability for negligence
436
Further as to attorneys liability for negligence
438
Duty of attorney to obey instructions
441
Compensation of agentClassification
442
Clients obligations to attorneyCompensation
443
Taxation of costsAttorneys bill
446
Further as to fees of attorneys
447
CHAPTER VII
451
The statute of fraudsDuty of auctioneer
452
Conduct of sale
453
SECTION PAGE 429 Nature of the contract of auction saleAre separately accepted bids separate sales?
460
354
463
Rights and liabilities of purchaser and seller
467
Duties and liabilities of auctioneer to the vendor
470
Duties and liabilities of auctioneer to purchaser
471
Duties and liabilities of auctioneer to third persons
472
Duties and liabilities of vendor to auctioneerCompensation
473
CHAPTER XIII
474
Bank president
476
The cashier
477
Tellers
479
Liability of bank for acts of officers
480
Liability of third persons to bank on contracts made with officer
481
CHAPTER XIV
482
Duty of broker to principal
484
Principals obligations to brokerCompensation reimburse ment etc
486
Brokers remedies against principal
488
Liability of principal to third parties
489
Bought and sold notes
492
Liability for torts
494
CHAPTER XV
495
Factors authorityHow conferred and exercised
497
DUTIES OBLIGATIONS AND LIABILITIES OF PRINCIPAL TO AGENT
498
Factors obligations to principal
500
Obligation of principal to factor
502
Rights of factor as to third parties
503
SECTION PAGE 454 Rights of principal as to third parties
504
DUTIES OBLIGATIONS AND LIABILITIES OF THIRD PERSONS TO AGENT AND TO PRINCIPAL AND RIGHTS OF AGENT AND PRINCIPA...
505
356
506
Rights of third parties as to principal and factor
507
CHAPTER XVI
512
358
514
360
515
362
516
367
519
369
520
Liability of insurance agent to his principal
521
Liability of insurer to agent
523
CHAPTER XVII
525
Commercial travelers or drummers
527
Pedlers and hawkers
531
Sales of goods by drummers and other agentsStatute of frauds
533
CHAPTER XVIII
538
Classification of officers according to nature of duties
540
Ministerial officers
542
371
544
Judicial and quasijudicial officers
545
Executive and legislative officers
548
CHAPTER XIX
550
The relation of master and servant
552
Duties Obligations and Liabilities of Master to Servant SECTION PAGE 475 Duty to furnish employment
554
Duty to compensate servant
557
Masters obligation to furnish medical and surgical aid to serv ant
563
Liability of master to servant for negligence of fellow servant
565
374
574
Masters liability for employment and retention of incompetent coservants
575
Viceprincipal and superior agent or servant
578
Statutory enactments
582
Duty to promulgate rules and regulations and to give warning to employesDuty of inspection
585
Liability of Master to Third Persons for Acts of Servant 484 In general
590
Masters liability for servants negligenceScope of employment Contributory negligenceProximate cause
592
Masters liability for willful or wanton wrongs of servant
597
Obligations and Liabilities of Servants 487 Liability of servant to master for the servants own wrongs
598
Servants liability to third persons
601
Servants liability to fellow servants
603
APPENDIX EMPLOYERS LIABILITY ACTS I English Employers Liability Act
605
Alabama Employers Liability Act
609
Indiana Employers Liability Act
611
Massachusetts Employers Liability Act
613
Mississippi Employers Liability Act
616
New York Employers Liability Act
617
Contract with attorney to divide fees
632
377
643
Consequences of defective execution 192 196
652
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Passagens conhecidas

Página 608 - Any notice, if served by post, shall be deemed to have been served at the time -when the letter containing the same would be delivered in the ordinary course of the post...
Página 366 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Página 608 - But no notice given under the provisions of this section shall be deemed to be invalid or insufficient solely by reason of any inaccuracy in stating the time, place or cause of the injury, provided it is shown that there was no intention to mislead and that the party entitled to notice was not in fact misled thereby.
Página 508 - The powers of the agent are, prima facie, coextensive with the business intrusted to his care and will not be narrowed by limitations not communicated to the person with whom he deals.
Página 608 - The notice may be served by post by letter addressed to the person on whom it is to be served, at his last known place of residence or place of business and if served by post shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of the post.
Página 80 - The rule of law is clear that where one by his words or conduct wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Página 57 - This is a contract to tempt a man to transgress the law, to do that which is injurious to the community; it is void by the common law, and the reason why the common law says such contracts are void is for the public good. You shall not stipulate for iniquity. All writers upon our law agree in this, no polluted hand shall touch the pure fountains of justice.
Página 586 - Contributory negligence, in its legal signification, is such an act or omission on SECOND DEPARTMENT, DECEMBER TERM, 1897. [Vol. 23. the part of a plaintiff, amounting to a want of ordinary care, as, concurring or co-operating with the negligent act of the defendant, is a proximate cause or occasion of the injury complained of.
Página 598 - ... and if served by post shall be deemed to have been served at the time when the letter containing the same would have been delivered in the ordinary course of post...
Página 599 - Where after the commencement of this act personal injury is caused to a workman (1) By reason of any defect in the condition of the ways, works, machinery, or plant connected with or used in the business of the employer...

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